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M/S. P.R. MANI ELECTRONICS vs. UNION OF INDIA
(Madras High Court)

Hon'ble Judges:

A.P.SAHI
SENTHILKUMAR RAMAMOORTHY
Pet. Counsel
R.rajarajan
Res. Counsel
R.sankaranarayanan
Mohammed Shaffiq

Petitioner / Applicant

M/S. P.R. MANI ELECTRONICS

Respondent UNION OF INDIA
Court Madras High Court
State

Tamilnadu

Date Jul 13, 2020
Order No.

Writ Petition No.8890 of 2020 And WMP.No.10803 of 2020

Citation

2020(7) TAXREPLY 2696

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ORDER

The validity of Rule 117 of the Central Goods and Service Tax Rules, 2017 (the CGST Rules) is under challenge in this writ petition on the grounds that it is ultra vires Section 140 of the Central Goods and Services Tax Act, 2017 (the CGST Act) and infringes Articles 14 and 300A of the Constitution, and the Petitioner further prays that the Respondents should be directed to permit the Petitioner to file Form GST TRANS – 1 either electronically or manually to claim the transitional input tax credit of ₹ 4,70,008/-. 2. The Petitioner is a proprietary concern involved in the retail trade of mobile phones, electrical, electronic, and other items. Earlier, the Petitioner was registered as a dealer under the Tamil Nadu Value Added Tax Act, 2006 (the TNVAT Act) and, upon the coming into force of the CGST Act, the Integrated Goods and Services Tax Act, 2017 (the IGST Act) and the State Goods and Services Act, 2017 (the SGST Act) (two or more of which are referred to as....

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