TMI BlogCredit availed through TRAN-1 was denied due to non filing of last 2 months return under VAT lawX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Experts I would like to pick your minds for this case where one of our clients transitioned the ITC via TRAN-1 form under table 5C( ITC balance carried forward from VAT return). Department denied the same on account of not filing immediate 3 months returns as per sec 140(1) under VAT law. The provision is specific that last 6 months returns is to be file to transition the credit from p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revious regime. My question is although its specific provision based on which its denied, I'm aware of judgments in the previous regime where mere procedural lapse can't deny a significant ITC. May I hear your views on what is the chance before first appellate authority? thank you CA Durairaj - Reply By KASTURI SETHI - The Reply = You must challenge the legal validity of the condi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of filing last six months' return. You can be successful and it will pave the way for others. All those who have been denied ITC on this ground should unite and challenge the legal validity. - Reply By Ganeshan Kalyani - The Reply = I too agree that mere procedural lapse cannot take away the eligibility of input tax credit. Must contest the issue. - Credit availed through TRAN-1 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... denied due to non filing of last 2 months return under VAT law - Query Started By: - L D Raj & Co Dated:- 16-10-2020 Goods and Services Tax - GST - Got 2 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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