M/S Prn Infratech vs. Union Of INDIA
Held
The Court did not adjudicate on the merits of the case. The petitioner filed a memo seeking permission to withdraw the petition.
Facts
The petitioner sought to claim Input Tax Credit (ITC) on excise duty paid on stock of machines/goods lying in its depot prior to June 30, 2016. They also challenged a condition in the CGST Act as ultra vires.
Key Issues
Whether the petitioner is entitled to claim ITC on pre-GST stock. Whether a condition in Section 140[3] of the CGST Act is unconstitutional.
Sections Cited
Section 140[3]
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 6T H DAY OF DECEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO.58741/2017 (T-RES)
BETWEEN:
M/S. PRN INFRATECH A PARTNERSHIP FIRM HAVING ITS OFFICE AT PRAKALPA, #34, BRINDAVAN LAYOUT, VIDYA NAGAR, HUBBALLI-580021. AND REPRESENTED BY ITS PARTNER, SHRI PRAKASH R. NAYAK.
... PETITIONER
(BY SRI DESHPANDE ASHOK ARVINDRAO, ADVOCATE.)
AND:
UNION OF INDIA REPRESENTED BY UNION SECRETARY, DEPARTMENT OF REVENUE MINISTRY OF FINANCE NEW DELHI.
THE GOODS AND SERVICE TAX COUNCIL REPRESENTED THROUGH ITS CHAIRMAN, NEW DELHI.
... RESPONDENTS
(BY SRI S N RAJENDRA, ADVOCATE.)
2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) DIRECT TO HOLD AND DECLARE THAT THE PETITIONER IS ENTITLED TO AVAIL INPUT TAX CREDIT OF EXCISE DUTY PAID ON STOCK OF MACHINES/GOODS LYING IN ITS DEPOT SINCE A DATE PRIOR TO 30.6.2016; B) DECLARE THAT CONDITION [IV] TO SECTION 140[3] OF THE CGST ACT IS ULTRA VIRES BEING VIOLATE OF ARTICLE 14 AND / OR ARTICLE 265 OF THE CONSTITUTION OF INDIA; C) DIR
The judgment continues below.
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