MACLEODS PHARMACEUTICALS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-Company was constituted and registered under the Companies Act, 1956 on 15.6.1989. In the month of June 2017, the petitioner-company had CENVAT Credit balance of Central Taxes amounting to Rs.7,51,33,423/-. It is further stated that the petitioner-company has also filed another TRAN-1 form for CENVAT Credit of Rs.14,71,031/-, which was made admissible and credited to its Electronic Credit Ledger account on 26.10.2017.

(2.) Learned counsel for the petitioner submits that in view of introduction of new Goods and Services Tax Act ( for short, "the GST Act), the petitioner Company could not amend TRAN-1 form as per the amended provisions of the GST Act.

(3.) Learned counsel for the petitioner has relied upon the judgment of Punjab and Haryana High Court in CWP No.30949 of 2018 (O&M), titled as Adfert Technologies Pvt. Ltd. vs. Union of Inida and Ors., wherein the Punjab and Haryana High Court had directed the respondents to permit the petitioners to file or revise where already incorrect TRAN-1 either electronically or manually statutory Form(s) TRAN-1 on or before 30.11.2019. He submits that since the instant case is also similar to the case referred to above, therefore he seeks a direction to the respondents to consider the case of the petitioner for amendment of TRAN-1 form and pass appropriate directions in a time bound manner.