TRIPATI ISPAT UDYOG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application has been preferred for the following reliefs:-

(2.) The brief facts of the case as enumerated in this application is that the Petitioner is engaged in the business of trading of Iron and Steel within the state of Jharkhand. For the purpose of said trading the Petitioner purchases Iron and Steel from the market upon payment of tax, being in the nature of Input Tax. As per the provision of the then JVAT Act, the Petitioner was entitled for adjustment of the Input Tax paid by him at the time of purchase of the good from its Output Tax Liability and if any excess claim for Input Tax remains, the same can be carried forward to the subsequent period.

(3.) Suddenly on 21/7/2018, the Petitioner was in receipt of FORM GST DRC-01 (Annexure-1) being a "Summary of Show Cause Notice" for initiating a proceeding u/s 73, 74, 122, 132(1)(d), 132(1)(a) of the JGST Act read with CGST Act observing therein that the Petitioner has not apportioned Input Tax Credit as per the provisions of Sec. 18(8)(xviii) of the JVAT Act read with Rule 26 of the JVAT Rules, 2006 and notification no. LG35/2015-99, LG35/2015-100, dtd. 23/9/2015 and thus not entitled for Input Tax Credit.