M/S. Jsk Containers, v. The Chief Commisssioner, Central Tax,

THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS. JUSTICE J. UMA DEVI WP NO. 28946 OF 2018 ORDER: (Per Hon'ble Sri. Justice V. Ramasubramanian) Aggrieved by the failure of the respondents to give credit to the excise duty left over balance, in spite of the petitioner filing necessary forms, the assessee has come up with the above writ petition. Heard Mr. M.V.K. Moorthy, learned counsel for the petitioner and Mr. B. Narasimha Sarma, learned Standing Counsel for the Department. It is stated by Mr. B. Narasimha Sarma, learned Standing Counsel that the petitioner uploaded the GST TRAN-I form on 14.9.2017 itself. The form was accepted, but credit was not given.

According to the learned Standing Counsel for the Department, the Nodal Officer himself has taken up the matter, upon receipt of a complaint from the petitioner in March, 2018. The GSTN Council is yet to pass an order.

Therefore, the writ petition is disposed of directing the GSTN Council to pass orders, on the letter forwarded by the Nodal Officer on 15.6.2018 in respect of the petitioner's complaint, within a period of six weeks. As a sequel thereto, the miscellaneous applications, if any pending, shall stand closed. No costs.

_______________________________ JUSTICE V. RAMASUBRAMANIAN Dt. 3.12.2018 KR ____________________ JUSTICE J. UMA DEVI

( 166 ) THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN AND THE HON'BLE MS. JUSTICE J. UMA DEVI WP NO. 28946 OF 2018 ORDER: (Per Hon'ble Sri. Justice V. Ramasubramanian) KR Dt. 3.12.2018