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SHREE NAVNEET COTTON CO. & ANOTHER vs. STATE OF GUJARAT & OTHERS
(Gujarat High Court)

Hon'ble Judges:

BHARGAV D. KARIA
NIRAL R. MEHTA

Pet. Counsel

Uchit N Sheth

Res. Counsel

Shrunjal Shah

Petitioner / Applicant	SHREE NAVNEET COTTON CO. & ANOTHER
Respondent	STATE OF GUJARAT & OTHERS
Court	Gujarat High Court
State	Gujrat
Date	May 2, 2024
Order No.	R/SPECIAL CIVIL APPLICATION NO. 19004 of 2023
Citation	2024(5) TAXREPLY 10797
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ORDER
ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) [1] By this petition under Article 226 of the Constitution of India, the petitioner has prayed for directing the respondents to grant refund of unutilized Input Tax Credit of Rs.2,42,15,906/- under the Gujarat Value Added Tax Act, 2003 (for short, “the VAT Act”) in terms of Section 142(3) of the Goods and Service Tax Act, 2017 (for short, “the GST Act”) read with Rule 15(7) of the Gujarat Value Added Tax Rules, 2003 (for short, “the VAT Rules”) with statutory interest on such refund. However, it is prayed to direct the respondents – authorities to rectify or modify the assessment order passed under the VAT Act for converting carry forward Input Tax Credit into cash refund along with interest. [2] The brief facts of the case are as under: [2.1] The petitioner, a partnership firm, by filing the Form GST TRAN 1 under Section 140 of the GST Act, carried forward the excess....