Held - Since the Order-in-Original confirms the demand raised in the show-cause notice, the request is made for the stay on the ground that the executive authority cannot start parallel proceedings. The applicant is before this Court urging that amendment to explanation 2 to Section 140 of the CGST Act vide Section 28 of the Impugned Amendment itself has not been enforced till date, and therefore, the issuance of show-cause notice and the impu.....

Held - In Bharat Heavy Electricals, a Division Bench of the Tribunal examined whether credits create a vested right and do not extinguish with the change of law and held that change of law cannot be a ground for divesting an assessee from this valuable right and in this connection, the Tribunal placed reliance upon the decision of the Karnataka High Court in Slovak India Trading.

In Shree Krishna Paper Mills, the Punjab and Haryana High .....

Held - Operative part of the order dated 16.10.2020 referred above reads as under:-

"For the aforesaid reasons, we are inclined to allow the appeal of the Revenue and with all due respect for the learned Single Judge, set aside the judgment of the learned Single Judge dated 05.09.2019 and we hold that the Assessee was not entitled to carry forward and set off of unutilised Education Cess, Secondary and Higher Education Cess and Krishi Ka.....

Held - The transition of unutilised Input Tax Credit could be allowed only in respect of taxes and duties which were subsumed in the new GST Law. Admittedly, the three types of Cess involved before us, namely Education Cess, Secondary and Higher Education Cess and Krishi Kalyan Cess were not subsumed in the new GST Laws, either by the Parliament or by the States. Therefore, the question of transitioning them into the GST Regime and giving them.....