High Court of Karnataka
Shakti Enterprises v. Principal Commissioner of Central Tax
WRIT PETITION NO. 1913 OF 2026 (T-RES)
The ruling in brief
Where petitioner, after transitioning valid CENVAT credit into Electronic Credit Ledger, discharged appeal pre-deposit by debiting this credit, such payment constituted valid compliance as there was no statutory mandate restricting mode to cash, and CBIC administrative instruction could not override statutory provisions or vested credit rights, thus Tribunal’s rejection of such pre-deposit ground was unsustainable and same was to be quashed
Provisions considered
Section 140, read with sections 49 and 107, of Central Goods and Services Tax Act, 2017/Karnataka Goods and Services Tax Act, 2017 - Rule 142 of Central Goods and Services Tax Rules, 2017/Karnataka Goods and Services Tax Rules, 2017