High Court of Punjab & Haryana
Shiv Shakti Trading Co. v. State of Haryana
CWP NOS. 2687 OF 2021, 3995 OF 2022, 14187 & 16062 OF 2023, 5200 & 25935 OF 2024 AND
The ruling in brief
Where proceedings were initiated under sections 73 and 74 of CGST, PGST and HGST for credits availed under erstwhile Haryana VAT Act, such VAT-era credits were held outside purview of GST adjudication and determination provisions, making actions under sections 73/74 without jurisdiction, and proceedings could not be sustained against petitioners
Provisions considered
Section 73, read with sections 74 and 140, of Central Goods and Services Tax Act, 2017/Punjab Goods and Services Tax Act, 2017/Haryana Goods and Services Tax Act, 2017
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