TMI Blog2018 (10) TMI 1617X X X X Extracts X X X X X X X X Extracts X X X X ..... r the availment of input tax credit available on 1st July 2017 has to be done on or before 20th October 2018 in view of Section 16(4) of the Act. Thus, it is likely that the Petitioners may be deprived of the facility of the input tax credit available with it on 1st July 2017, if the same is not taken before 20th October 2018. The Respondents have extended the time to file TRANS1 and TRANS2, but no such extension has been granted to extend the time to file GSTR3B - thus, pending the final disposal of the Petition (when these issues will be considered in greater depth), as the system is not accepting it, the Petitioners would manually file with the Respondents a copy of its revised TRANS1, ITC01 and also GSTR3B at Mumbai (in physica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns is not reflected on the website. Thus, the GST credit ledger available at the various branches/locations do not reflect the credit which would be available to it on account of the distribution done by the Mumbai location of Petitioner No. 2. 3. In cases of transfer of business as in this case from Petitioner No. 2 to Petitioner No. 1 in terms of Section 18(3) of the Act, the transferee of a business would be entitled to take input tax credit which remains unutilised in the transferor's books. This unutilised credit would be reflected in ITC 02 to be filed by the Petitioner No. 2. However, this flow of Input Credit to Petitioner No. 1 from Petitioner No. 2 is not taking place as the Revised TRANS 1 to the extent it shows distributi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h cases also because of the mandate of Section 16(4) of the Act, if the credit is not availed of prior to 20th October 2018, it would lapse. 5. This Petition was adjourned from 4th October 2018 to 12th October 2018 at the instance of the Respondents. On 12th October 2018 this Petition was again adjourned to 17th October 2018 (at the instance of the Petitioner). On 17th October2017,itwasadjournedattherequestofthe Respondents in particular to respond to the case made out by the Petitioners. Today, whenthe Petition reached, the Respondents place reliance upon the earlier Additional Affidavit dated 21st September 2018. It does not deal with the above contention urged by the Petitioners. In fact, on facts and/or in law at this stage, the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he third proviso to Section 140(8) of the Act subject to the final outcome of the Petition. 7. In view of the above, the undisputed position before us is that the Petitioners are entitled to distribute the Input Credit available with it as on 1st July 2017 amongst its branches/locations. This distribution has not been possible on account of technical problems of the Respondents. Further the availment of input tax credit available on 1st July 2017 has to be done on or before 20th October 2018 in view of Section 16(4) of the Act. Thus, it is likely that the Petitioners may be deprived of the facility of the input tax credit available with it on 1st July 2017, if the same is not taken before 20th October 2018. It is to be noted that the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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