Where assessee filed a petition contending that due to technical difficulties he could not file Form Trans-1 within prescribed time and thus requested the authority to allow him same so that he could claim transitional credit of eligible duties in terms of section 140(3), said petition was to be disposed of with a direction to State of Madhya Pradesh to take a decision on representation of assessee in accordance with law

  • Vide decision of High Court of Madhya Pradesh in Ankit Babeley vs. State of Madhya Pradesh.

Facts of the case:

  1. Assessee had been filing his return regularly as work contractor. According to assessee, due to technical difficulties he could not file Form Trans-1 within prescribed time and thus requested te Authority to allow him same so that he could claim transitional credit of eligible duties in respect of inputs held in stock on appointed day in terms of section 140(3).
  2. Assessee submitted that since no heed was paid to his request, instant petition was filed seeking direction to aforesaid effect to the Authority.

Judgement:

The Honorable High Court of Madhya Pradesh held the case as follows: Instant petition was to be disposed of with a direction to State of Madhya Pradesh to take a decision on representation of assessee in accordance with law.

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