Micro Footwear PVT LTD vs. The Commissioner, Trade And Taxes, Delhi And Anr
Held
The Court noted that the Supreme Court judgment in Union of India v Filco Trade Centre Pvt. Ltd. allows processing of transitional credit up to November 30, 2022. Since the previous order was passed with consent based on this principle, no modification is warranted.
Facts
The petitioner sought modification of a previous order to refund Rs. 15,84,234/- representing transitional credit for input tax credit under the Delhi Value Added Tax Act, 2004, for the period April 1, 2017, to June 30, 2017. The revenue had rejected this request.
Key Issues
Whether the petitioner is entitled to a refund of transitional credit for input tax credit under the old VAT Act, and if the existing court order adequately addresses the issue in light of Supreme Court pronouncements.
Sections Cited
Delhi Value Added Tax Act, 2004
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2022 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 48198/2022
This is an application whereby modification of order dated 05.09.2022 is sought with a direction that the applicant/petitioner be refunded Rs.15,84,234/-.
Mr Dinesh Mohan Sinha, who appears on behalf of the applicant/petitioner, submits that insofar as central excise duty is concerned [for subject period], TRAN-1 has been filed.
It is his submission that what is left is transitional credit for input tax credit arising under Delhi Value Added Tax Act, 2004 [in short, “2004 Act”]. It is this amount that the applicant/petitioner has quantified as Rs.15,84,234/-.
According to the applicant/petitioner, the amount concerns the period
The judgment continues below.
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