2017 Taxo.online 35

Special Civil Application No. 18433 of 2017 dated 06.10.2017

FILCO TRADE CENTRE PVT. LTD. ORS.

UNION OF INDIA & ORS.

2017

GST

Central Goods & Services Tax Act, 2017

140(3)(iv)

Akil Kureshi, Justice & Biren Vaishnav, Justice

Interim

High Court

Gujrat

Challenge made to Section 140(3)(iv) of CGST Act – Carry forward of CENVAT credit to GST regime – Petitioner has sizable stock of goods purchased earlier than one year – By virtue of said condition no CENVAT Credit would be available on the said stock – Held: The legislation framed by the parliament is under challenge, let there be notice to the learned Attorney General also – Notice Issued and let there be NOTICE to learned Attorney General also

Represented by: – 

Petitioner: – Uchit N Sheth, Advocate 

Respondent: –

Order: – 

1. Leave to amend. 
2. The petitioners have challenged the condition contained in clause (iv) of subsection (3) of section 140 of the Central GST Act. The petitioners under the earlier regime were the first such dealers and importers of manufactured goods. With introduction of GST, the petitioners could avail their CENVAT credit of the stock of goods lying with the petitioners, on which, the purchases were made not earlier than one year. The case of the petitioners is that they have sizable stock of goods purchased prior to the said period and on which, by virtue of the said condition, no cenvat credit would be available. 
3. NOTICE, returnable on 17.11.2017. In view of the fact that the legislation framed by the parliament is under challenge, let there be NOTICE to the learned Attorney General also.