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MUTHOOT FINANCE LIMITED vs. UNION OF INDIA & OTHERS
(Kerala High Court)

Hon'ble Judges:

GOPINATH P.
Pet. Counsel
Jazil Dev
Res. Counsel
Sreelal N. Warrier
P.r.sreejith
T. C. Krishna

Petitioner / Applicant

MUTHOOT FINANCE LIMITED
Respondent UNION OF INDIA & OTHERS
Court Kerala High Court
State

Kerala

Date Sep 3, 2024
Order No.

WP(C) NO. 28282 OF 2022

Citation

2024(9) TAXREPLY 10886
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ORDER

JUDGMENT The petitioner is a Public Limited Company incorporated under the provisions of the Companies Act, 1956. It is engaged in financing, providing personal and business loans upon the security of gold. For the period from April 2017 to June 2017, the petitioner had filed returns under the provisions of the Finance Act, 1994 disclosing payment of Service Tax of Rs.10,36,39,987/- Education Cess (EC) amounting to Rs.67,69,195/-, Secondary and Higher Education Cess (SHEC) amounting to Rs.35,18,566/- and Krishi Kalyan Cess (KKC) amounting to Rs.54,65,526/-. 2. Following the 101st amendment to the Constitution and the introduction of GST, the petitioner was under the impression that unutilized credit on account of payment of Service Tax including amounts paid towards EC, SHEC and KKC could be transitioned to the GST regime. According to the petitioner, the provisions of Section 140(8) of the CGST Act permitted such transition. However, vide the CGST (Amendment) Act 2018 intro....

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