9911796707
TMI Blog2024 (9) TMI 1475X X X X Extracts X X X X X X X X Extracts X X X X ..... Visvapriya for Mr.J.Shankarraman For the Respondent : Mr. A.P.Srinivas Senior Standing Counsel ORDER The petitioner has challenged the Impugned Order-in-Original No.03/2021-DC TPR (GST) dated 04.08.2021. 2. By the impugned order, the demand proposed in Show Cause Notice Reference No.01/2019 (DC) dated 13.11.2019 has been confirmed. 3. The dispute pertains to the Input Tax Credit which was tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21.12.2018, the petitioner had also filed related returns under Rule 12(5) of the Central Excise Rules, 2001, on payment of necessary charges and therefore, the default if any has been cured. It is submitted that the substantive benefit of CENVAT credit which was permitted to be transitioned under Section 140 of the Central Goods and Services Tax (CGST) Act, 2017 ought not to have been denied to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turns filed by the petitioner prior to 22.12.2017. It is submitted that the returns were filed by the petitioner only after the Letter dated 21.12.2018 was issued on 29.12.2018. Since the returns were filed belatedly, the question of regularizing the Input Tax Credit which was transitioned earlier without it being reflected in ER-1 returns filed for the month of July 2017 cannot be countenanced. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preme Court in Collector of Central Excise, Pune and others Vs. Dai Ichi Karkaria Limited and others, (1999) 7 SCC 448 was invited wherein, it has been held as under:- "There is no provision in the rules which provides for a reversal of the credit by the Excise Authorities except where it has been illegally or irregularly taken, in which event it stands cancelled or, if utilised, has to be paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tress of law. 17. In this case, at best the petitioner can be found fault for not filing the returns in time before attempting to transition the credit on 22.12.2017 post facto. The petitioner has however filed the returns on 29.12.2018. Thus, the lacuna if any stands cured/complied. 18. Therefore, the impugned order dated 04.08.2021 is liable to be quashed. Accordingly, it is quashed. 19. Thus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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