DILIP BABUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner prays for directions directing the respondents to grant refund of Rs.18,74,676.00 along with applicable interest thereon, and also for re- crediting the Input Tax Credit (ITC) of Rs.18,74,676.00 to its Electronhic Credit Ledger (ECL).

(2.) The petitioner is engaged in the business of manufacturing wooden pallets and boxes (hereinafter referred to as the "finished goods"). It is the case of the petitioner that during the subsistence of the Gujarat Value Added Tax Act, 2003 (hereinafter referred to as "the VAT Act"), the petitioner purchased the raw materials upon payment of Value Added Tax at the rate of 15% and sold the finished goods on payment of VAT at the rate of 5%. Consequently, it is claimed by the petitioner that as on 30/6/2017, it had accumulated excess ITC amounting to Rs.23,74,689.00, as reflected in its return filed in Form-201 for the month of June, 2017 under the VAT Act.

(3.) With effect from 1/7/2017, the Central Goods and Services Tax Act, 2017 and the Gujarat Goods and Services Tax Act, 2017 (hereinafter collectively referred to as "the GST Acts") came into force, resulting in the repeal of the VAT Act insofar as the goods purchased and sold by the petitioner were concerned.