M/S P R Nayak Associates .P. LTD vs. Union Of INDIA
Held
The petitioner sought permission to withdraw the writ petition. The Court granted this permission and dismissed the petition as withdrawn.
Facts
The petitioner sought to claim input tax credit for excise duty paid on stock held prior to the GST regime. They also challenged a condition in the CGST Act as unconstitutional.
Key Issues
The petitioner's entitlement to input tax credit on pre-GST excise duty payments and the constitutional validity of a specific condition under the CGST Act.
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 29TH DAY OF NOVEMBER, 2018 BEFORE THE HON’BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.58742/2017(T-RES)
BETWEEN:
M/S P.R.NAYAK ASSOCIATES P.LTD., A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT PRAKALPA, #34, BRINDAVAN LAYOUT, VIDYA NAGAR, HUBBALLI-580 021, REP.BY ITS MANAGING DIRECTOR, SHRI.PRAKASH R.NAYAK, ... PETITIONER (BY SRI.ASHOK ARAVINDRAO DESHPANDE, ADV.)
AND:
UNION OF INDIA,
REP.BY UNION SECRETARY,
DEPARTMENT OF REVENUE, MINISTRY OF FINANCE,
NEW DELHI-110 001. 2. THE GOODS AND SERVICE TAX COUNCIL,
REP. THROUGH ITS CHAIRMAN, NEW DELHI-110 001. ... RESPONDENTS (BY SRI.S.N.RAJENDRA, ADV. FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION HOLDING AND DECLARING THAT THE PETITONER 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 30.06.2016; B) ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION HOLDING AND DECLARING THAT CONDITION (iv) TO SECTION 140(3) OF THE CGST ACT IS ULTRA VIRES
The judgment continues below.
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