SC stays Delhi HC order on transitional GST credit on Centre's SLP

Case relates to rule 117 of CGST Act, which set 90-day limit for claiming transitional Cenvat credit from date of GST roll on July 1, 2017. HC held that the time limit is directional and not mandatory

The Supreme Court has stayed the Delhi high court order that had allowed availing tax credits for pre-GST period up to June 30 this year. 

The apex court was hearing a special leave petition filed by the Union Government against the Delhi  High Court judgement. 

The case relates to the rule 117 of the CGST Act, which imposed the time limit of 90 days for claiming transitional Cenvat credit from the date of GST roll out from July 1, 2017.

However, the high court had held that the time limit prescribed by the rule is directional and not mandatory.

The high court had also held that the period of three years would be available for claiming these credits in line with the provisions of the Limitation Act.

The union government in its petition said that the time limit -- 90 days -- prescribed for availing transitional credit is mandatory, rational and reasonable. It also pointed out that the Limitation Act cannot override the limitations prescribed in a special statute.

Sandeep Sehgal, director taxes and regulatory, AKM Global, said, "The judgement of the Delhi high court brought relief to several taxpayers who could not carry forward their input from erstwhile indirect tax laws. The stay of this decision would certainly affect them."