M/S Daffodils Pharmaceuticals Limited Through Its Director Prashant Chaudhary vs. Union Of INDIA Through Secretary , Ministry Of Finance (Department Of Revenue ) And 3 Others
Held
The Court directed the GST Council to consider the petitioner's claim for ITC. The decision should be made in light of relevant High Court judgments and as expeditiously as possible.
Facts
The petitioner sought to claim Input Tax Credit (ITC) of Rs. 53,95,907/- on inputs and input services for their closing stock as of June 30, 2017. The petitioner believes this duty paid is legitimate.
Key Issues
The primary issue is the eligibility of the petitioner to claim Input Tax Credit on their closing stock as of June 30, 2017, under the GST regime.
Sections Cited
None explicitly discussed
AI-generated summary — verify with the full judgment below
(1)
Court No. - 7 Case :- WRIT TAX No. - 1405 of 2019 Petitioner :- M/S Daffodils Pharmaceuticals Limited, Jawahar Nagar Rohta Road, Meerut through its Director, Prashant Chaudhary Respondents :- Union of India through Secretary, Ministry of Finance (Department of Revenue) No.137, North Block, New Delhi-110001 and 3 others Counsel for Petitioner :- Vanashri Dubey Counsel for Respondent :- Gaurav Mahajan,Om Prakash Srivastava Hon'ble Biswanath Somadder,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
The issue sought to be raised in the instant writ petition centres around grant of Input Tax Credit (I.T.C.) of Rs.53,95,907/- (Rupees fifty three lakhs ninety five thousand nine hundred and seven only) to the writ petitioner, which, according to the writ petitioner, is legitimate duty paid on the inputs/input services towards their closing stock amounting to Rs.2,08,49,075/- (Rupees two crores eight lakhs forty nine thousand and seventy five only) as on 30th June, 2017.
We are of the view that the entire issue, as sought to be raised by the writ petitioner before us, requires to be considered by the respondent no.2, namely, The G.S.T. Council, through its Chairman at New Delhi, especia
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