Early hearing of SKH Sheet Metals accepted by Delhi High Court on the issue of availment of transitional credit under GST (TRAN-1) on the ground that the case is covered by the judgement passed in the case of Brand Equity Treaties Ltd & Micromax Informatics Ltd. by Delhi High Court on 05th May 2020.  

Present application has been filed by SKH Sheet Metals Components Pvt Ltd. for early hearing on the ground that the issue involved in the present case is covered by the judgement passed by Delhi High Court on 5th May 2020 in the following cases. 

BRAND EQUITY TREATIES LIMITED vs. THE UNION OF INDIA & ORS.

MICROMAX INFORMATICS LTD. vs. UNION OF INDIA & ANR.

DEVELOPER GROUP INDIA PRIVATE LIMITED vs. UNION OF INDIA & ORS.

RELIANCE ELEKTRIK WORKS vs. UNION OF INDIA & ORS.

"In above cases, Delhi High Court passed a landmark judgement by a combined order. The court held that period of 90 days for claiming input tax credit in TRAN-1 is directory and therefore period of limitation of 3 years under the Limitation Act would apply. The Court ordered that TRAN-1 can be filed upto 3 years from the appointed date under GST i.e. 01.07.2017. Since 3 years would end on 30.06.2020, therefore court directed the department to allow all the petitioners to file their TRAN-1 latest by 30.6.2020. The interesting point in the order is that the court not only allowed the petitioners to file their TRAN-1, but also allowed all other assessees (who may not have been able to file earlier) to file TRAN-1 latest by 30.06.2020. The court further directed that department should publish this order on its website so that taxpayers may become aware of this ruling and may avail the benefit out of this. Thus this judgment has been made applicable to all assessees irrespective of whether the taxpayer has approached the court or not."

- Read more about these cases.

Learned counsel for SKH Sheet Metals Components Pvt Ltd. prayed that in the above judgements, transitional credit under GST (TRAN-1) has been allowed to be claimed by assessees on or before 30th June, 2020. Therefore learned counsel for petitioner prayed for early hearing and to allow them the transitional credit under GST as the issue involved in this case is covered by above judgements. Application has been accepted by Delhi High Court for early hearing.

There is an another important aspect of the matter that after above judgment, Central Government has made retrospective amendment in section 140 of the CGST Act, 2017 to deny the transitional credit under GST. - Read more about this amendment.   

Now it will be interesting to watch as what Delhi High Court decides in the present application.

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