Joshi Autolinks Private Limited vs. Union Of India And Another
(Punjab And Haryana High Court, Punjab)

Case Law
Petitioner / Applicant
Joshi Autolinks Private Limited
Respondent
Union Of India And Another
Court
Punjab And Haryana High Court
State
Punjab
Date
Aug 25, 2017
Order No.
CWP-19198-2017
TR Citation
2017 (8) TR 3103
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

The petitioner has approached this Court under Articles 226/227 of the Constitution of India inter alia to issue writ in the nature of Certiorari/Mandamus to declare Condition (iv) contained in Section 140 (3) of Central Goods and Service Tax Act, 2017 insofar as it denies the Input Tax Credit of the eligible duties paid in respect of inputs held in stock purchased earlier than 12 months immediately preceding the appointed day. Further writ in the nature of mandamus has been sought declaring/reading down the time mentioned in Condition (iv) contained in Section 140 (3) of Central Goods and Service Act, 2017 as to be directory and holding that a registered person is entitled to take credit, if he can produce the necessary evidence.

2. Learned counsel for the petitioner states that inadvertently certain typographical errors have occurred in the writ petition. Accordingly, a prayer was made that he may be allowed to withdraw the present writ petition with liberty to the petitioner to file fresh one on the same cause of action by furnishing correct and better particulars.

3. Dismissed as withdrawn with liberty as prayed for.

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