Page 46 - GSTL_13th August 2020_Vol 39_Part 2

132 GST LAW TIMES [ Vol. 39
same would not result in the forfeiture of the rights, in case the credit is not
availed within the period prescribed. This, however, does not mean that the
availing of Cenvat credit can be in perpetuity. Transitory provisions, as the word
indicates have to be given its due meaning. Transition from pre-GST Regime to
GST Regime has not been smooth and therefore, what was reasonable in ideal
circumstances is not in the current situation. In absence of any specific provisions
under the Act, we would have to hold that in terms of the residuary provisions
of the Limitation Act, the period of three years should be the guiding principle
and thus a period of three years from the appointed date would be the maximum
period for availing of such credit. The petitioner has attempted to file TRAN
within the time-limit framed under the Rule. In the context of what has been
stated discussed above, this Court directs the respondent authorities to reopen
the Form TRAN-2 or accept manual filing of GST TRAN-2 to allow the petitioner
to claim transitional credit held in stock as on the appointed date after proper
verification including the invoices submitted by the petitioner. It is made hereby
clear that such exercise has to be completed within 30-6-2020 so as to enable the
petitioner to submit his GST TRAN-2.
8. Thus the writ application being WP No. 5585(W)/2020 is disposed
of. Consequently, the connected application being CAN No. 3323 of 2020 also
stands disposed of.
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2020 (39) G.S.T.L. 132 (Del.)

IN THE HIGH COURT OF DELHI
Manmohan and Sanjeev Narula, JJ.
BINTY
Versus
UNION OF INDIA
W.P. (C) No. 3187 of 2020 and CM Appl. No. 11076 of 2020, decided on 19-5-2020
Consumer Welfare Fund under Indirect Taxation - Scope of utilization
- Applicability of utilization guidelines to amounts lying unclaimed with
Banks/Insurance Companies, etc. - Said Fund, created under various indirect
taxation laws with rules framed from time to time for utilization of amount, is
used for giving financial assistance to various Universities, Voluntary Con-
sumer Organization (VCOs) and States to promote and protect welfare and
interests of consumers, create consumer awareness and strengthen consumer
movement - Thus, Government is fully aware of scope of utilization of amount
- Accordingly, petitioners plea of giving same treatment to unutilized and un-
claimed amounts lying with Cooperative Banks, Insurance Companies, etc is
without any basis as it is not established that said amounts lying with them
are in jeopardy - Secondly Banks, Insurance companies, etc. are regulated by
their own set of rules and regulatory authorities, e.g., RBI/IRDA - These
amounts are duly accounted for in books of accounts and utilized as per set
norms under proper Audit - Petitioner’s plea of misuse of such funds not well
founded for Court to give directions as desired by petitioner - Article 226 of
Constitution of India. [paras 9, 10]

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