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TMI Blog2024 (10) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... ST Act, 2017, claims for refund of Input Tax Credit (ITC) accrued to the petitioner under the Value Added Tax (VAT) regime; when the petitioner was an assessee under the Bihar Value Added Tax Act, 2005. 2. We heard Sri Nikhil Kumar Agarwal for the petitioner and Sri Vikas Kumar, learned counsel for the State. 3. The petitioner's contention is that during the VAT period, the petitioner had a total claim of ITC coming to Rs. 1,88,60,453.42/-. On the Goods and Services Tax (GST) regime coming into effect on 01.07.2017, the assessees were conferred with the benefit of carrying over the ITC of the VAT regime to be availed under the new GST regime. The petitioner had filed the returns under the VAT Act in 31.06.2017 and also sought for the carr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fund of the duty paid under the existing law; when the return is made within a period of 6 months from the appointed day and the goods are identifiable to the satisfaction of the Proper Officer. Each of the sub- sections deal with different contingencies and the emphasis laid is on Section (8) (b). Sub-clause (a) of Section 8 enables the tax authorities to recover any tax, interest, fine or penalty recoverable as per the earlier existing law through the provisions of the CGST Act, 2017, which amount will not be available for claiming ITC. While clause (a) enables the Department to make such recovery and prohibits any ITC claim on such recovery made, clause (b) of Section 142(8) is a benefit granted to the assessee. 7. As per clause (b) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces, sub-clause (b) of Section 142(8) has absolutely no application on the claim raised by the petitioner herein. 9. The learned Government Pleader has also pointed out from the counter affidavit that, in addition to the 40 days provided for carry forward, a further period, following the Hon'ble Supreme Courts directive, was made available from the 01.10.2022 to 30.11.2022 to make claims under Section 140. The petitioner having not availed of the said window of relief to make the further claim, which was left out to be claimed under Annexure-P2, cannot now seek refund by way of cash. 10. The learned counsel for the petitioner before us placed a judgment of the Hon'ble High Court of Punjab and Haryana in Adfert Technologies Pvt. Ltd. v. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either submit Form TRAN-1 electronically by opening the electronic portal for that purpose or allowing the petitioner to tender the said form manually on or before 15.10.2019 to enable proper processing of the claim for input tax credit; especially considering the teething problems inherent, in the assesses familiarizing themselves with the new regime and the procedure for transition from the old to the new regime. 11. We cannot but notice that those difficulties were reckoned by the Hon'ble Supreme Court when directions were issued to enable transitional claims even after the time provided in the Statute. This resulted in the window of relief, of two months, i.e. between 01.10.2022 and 30.11.2022 when such claims could have been uploaded. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igibility and conditions for taking ITC is statutorily enabled by Section 16 of the Goods and Services Tax Act, 2017. The provision enables every registered person, subject to such terms and conditions and restrictions prescribed and in the manner specified in Section 49, to take credit of input tax charged on any supply of goods or services to him, which are used or intended to be used in furtherance of his business by crediting it to the electronic cash ledger. The benefit hence can be claimed only in the manner provided in the statute, as a credit, or not at all and not in any event as a refund in cash. Section 49 (2) provides for ITC claimed on self-assessment to be credited to the electronic ledger and sub- section (4) provides for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it on capital goods shall be reduced by such percentage points as may be prescribed; (d) where an exempt supply of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock relatable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such supply becomes taxable: Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed. (2) A registered person shall not be entitled to take input tax credit under sub- section (1) in respect of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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