Transitional Credit — It is the case of the writ applicants that the writ applicants computed the transitional credit in terms of the then existing sub-section (3) of Section 140 of the IGST Act without claiming the Input Tax Credit pertaining to the stock held beyond 12 months prior to coming into force of the CGST Act, 2017, i.e, for the period prior to 01.07.2016.
According to the writ applicants, thereafter, pursuant to the decision of this Court rendered in the case of Filco Trade CenterPvt. Ltd. vs. Union of India, dated 05.09.2018, the writ applicant was entitled to the credit pertaining to the stock held beyond 12 months from the effective date of 01.07.2017.
Held that— the respondents are hereby directed to consider the representation of the writ applicants at the earliest keeping in mind the ratio laid down by this Court in the case of Filco Trade CenterPvt.Ltd .(supra).
Ratanjyot Steel And Pipes Pvt. Ltd. Vs. Union of India  22 TAXLOK.COM 068 (Gujarat)