KERALA HIGH COURT [Malabar Cements Ltd Vs The Assistant Commissioner, Central Tax and Central Excise, Palakkad, The Commissioner]
- From a perusal of Sub-section (5) of Section 140 of the CGST Act, it is evident that beyond the period of thirty days, an assessee can claim the transitional credit of input tax within another thirty days only on production of an order passed by the Commissioner. In other words, unless the order is passed by the Commissioner extending the limitation period, an assessee cannot claim the input tax credit in respect of the inward supply taken before 1/07/2017. The appellant filed the application for extending the time of limitation, claiming transitional credit only after five years. The Commissioner, therefore, rightly rejected the application. As the Commissioner did not extend the limitation period, the appellant cannot claim the benefit of transitional credit regarding input tax. The writ appeal accordingly stands dismissed.