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GRASIM INDUSTRIES LIMITED vs. UNION OF INDIA AND 6 OTHERS
(Allahabad High Court)

Hon'ble Judges:

BHARATI SAPRU
ROHIT RANJAN AGARWAL
Pet. Counsel
Nishant Mishra
Res. Counsel
Gaurav Mahajan

Petitioner / Applicant

GRASIM INDUSTRIES LIMITED

Respondent UNION OF INDIA AND 6 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Jul 19, 2019
Order No.

Writ Tax No. - 812 of 2019

Citation

2019(7) TAXREPLY 2116

Original Order
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ORDER

Heard Shri Nishant Mishra, learned counsel for the petitioner, Shri Gaurav Mahajan, learned counsel for the respondent no.3 and Shri Anant Kumar Tiwari, learned counsel for the respondent nos.1,2 and 4. The petitioner has challenged the vires of Rules 117 and 120A of CGST Rules, which read as hereunder:- "117(1). Every registered person entitled to take credit of input tax under Section 140 shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, duly signed, on the common portal specifying therein, separately, the amount of input tax credit of eligible duties and taxes, as defined in Explanation 2 to section 140 to which he is entitled under the provisions of the said section: Provided that the Commissioner may, on the recommendation of the Council extend the period of ninety days by a further period not exceeding ninety days. 120A. Every registered person who has submitted a declaration electronically in FORM GST ....

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