NITYA Tax Attorneys

Tale of Transitional Credits: A disjunct between Legislature and Courts

by | Sep 11, 2020 | Articles

NITYA Tax Associates is proud to present their recent write-up in the ‘Article’ series on trending indirect tax issues. A gist of the next article in the series is as under:

Article 47 – “Tale of Transitional Credits: A disjunct between Legislature and Courts”

Introduction of transitional provisions under GST was to ensure smooth paradigm shift, without any hassle and minimal loss to the stakeholders. On the contrary, these provisions are flooded with jurisprudence staggered in all directions, and they continue to wobble over for more than 3 years now. The latest turn around in this narrative is the judgments pronounced on eligibility of dealers not having excise invoices to transition credit of excise duty in case of Downtown Auto Private Limited v. UOI, 2020-VIL-342-GUJ.

Through this article, our Director, Mr. Kulraj Ashpnani and Senior Associate, Mr. Sourabh have made an attempt to analyze the novel dispute of eligibility of credit of excise duty to dealers and how it resurfaces the divide between the Courts and Legislature over transitional credits under GST.

Please click below to read our article titled Tale of Transitional Credits: A disjunct between Legislature and Courts on the issue.

Article 47 I Tale of Transitional Credits- A disjunct between Legislature and Courts

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