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The Respondents cannot contend that unadjusted TDS amount cannot be allowed to be migrated in terms of Section 140(1) of the JGST Act.

Section 140 of the CGST Act, 2017— Transitional Credit — TDS Credit-- The petitioner sought direction upon the respondent authority to allow the petitioner to avail/utilize its excess Tax Deducted at Source Credit available as on 30th June, 2017; for quashing the Audit Observation by AG. The counsel for the petitioner submitted that this case is squarely covered by the Judgment & order of this Court dated 09.01.2023 passed in M/s Subhash Singh Choudhry & other. The court observed that since the issue involved in this case is squarely covered by the judgment passed by this Court.

Held that:- The Hon’ble High Court set aside the impugned orders and directed that the amount, if any, recovered or paid shall be refunded or adjusted for future liabilities.

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