HCL INFOTECH LTD Vs. COMMISSIONER, COMMERCIAL TAX

JUDGEMENT

(1.) Heard Sri Atul Gupta, learned counsel appearing for the petitioner and Sri Ankur Agarwal, learned Standing Counsel appearing for the respondents.

(2.) Petitioner has filed this writ petition challenging therein the Show Cause Notice No. ZD090824020702H dtd. 3/8/2024 issued by the Deputy Commissioner, State Tax, Sector-2 NOIDA, U.P. under Sec. 74 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the 'CGST Act').

(3.) Facts of the case, in brief, are that the petitioner is a public limited company and under the erstwhile regime it had centralised Service Tax registration in the State of U.P. and was procuring various input services to supply the IT services and had availed CENVAT Credit of the Service Tax and Cess paid thereon in terms of the CENVAT Credit Rules, 2004. Thereafter the Goods and Services Tax (GST) was introduced w.e.f. 1/7/2017 and for the purposes of GST petitioner got itself registered under the new regime vide GSTIN 09AADCH0305F1Z4. Since on the appointed date i.e. on 1/7/2017, the petitioner had unutilized CENVAT Credit of Service Tax, Education Cess Secondary and Higher Education Cess and Krishi Kalyan Cess amounting Rs.5,47,57,755.00 as such said amount was transferred into the GST regime by filing Form GST TRAN-1 in terms of Sec. 140 of the CGST Act.