The Special Leave Petition (SLP) was filed by the Union of India against the order of Punjab & Haryana High Court in the case of Advert Technologies (P.) Ltd v. Union of India  111 taxmann.com 27 (Punjab & Haryana).
In the said case, the assessee could not carry forward unutilized CENVAT credit of Central Excise and Input Tax Credit (ITC) of VAT on account of non-filing or incorrect filing of Tran-1 by the prescribed last date, i.e., 27.12.2017. The Honorable Court directed revenue authorities to permit the assessee to file or revise already filed incorrect Tran-1 on or before November 30, 2019. It also directed revenue authorities to verify genuineness of claim of assessee but carry forward of legitimate claim of CENVAT/ITC shall not be denied on the ground of non-filing of TRAN-I by 27.12.2017.
The Apex Court had dismissed SLP filed by the Union of India, thereby, upheld the order passed by the Punjab & Haryana High Court which allowed assessee to file Tran-1 after the prescribed due date.
It is pertinent to note that it is settled law of teh land that the accrued and vested right of CENVAT credit is indefeasible and there is no lapsing provision eitehr when there was change from pre-GST era to post GST era as well.
Disclaimer & Confirmation
As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.