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NEPTUNE PLASTICS AND JAI ENTERPRISES vs. UNION OF INDIA AND OTHERS
(Jammu and Kashmir High Court)

Hon'ble Judges:

RAJNESH OSWAL
Pet. Counsel
M. K. Bhardwaj
Gagan Kohli
Res. Counsel
Jagpaul Singh
D. C. Raina

Petitioner / Applicant

NEPTUNE PLASTICS AND JAI ENTERPRISES

Respondent UNION OF INDIA AND OTHERS
Court Jammu and Kashmir High Court
State

Jammu and Kashmir

Date Feb 5, 2021
Order No.

OWP No. 512 of 2019 [WP(C) No. 1185/2019] and OWP No. 513 of 2019 [WP(C) No. 1186/2019]

Citation

2021(2) TAXREPLY 3844

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ORDER

1. Heard Sh. M. K. Bhardwaj, Senior Advocate assisted by Sh. Gagan Kohli, learned counsel for the petitioner and Sh. Jagpaul Singh, CGSC for respondents No. 1 to 3 and 6 and Sh. D. C. Raina, learned Advocate General assisted by Sh. K. D. S. Kotwal, learned Dy. AG for the respondent Nos. 4 and 5.   2. The issue in this petition is regarding carrying forward of ₹ 9,96,637/- lying in petitioner’s Cenvat account credit on 08.07.2017 when the GST was introduced in the State of Jammu and Kashmir. It appears that the petitioner instead of submitting TRAN-1 form for claiming ITC submitted GSTR-3B. The Assistance Commissioner State Taxes (Technical) Jammu vide   letter/order dated 07.03.2019 informed that the reason for non-filing of TRAN-1 was not due to technical glitch in filing TRAN-1, so the case of the petitioner could not be considered. 3. Sh. Jagpaul Singh, learned counsel submits that as the petitioner was required to submit TRAN-1 within the time prescribe....

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