Page 46 - GSTL_20th August 2020_Vol 39_Part 3
P. 46

260                           GST LAW TIMES                      [ Vol. 39
                                            the recommendations of the Council, hereby makes the following Order, to
                                            remove the difficulties, namely :-
                                            1.   Short title. - This Order may be  called the  Central Goods and Ser-
                                                 vices Tax (Removal of Difficulties) Order, 2020.
                                            2.   For the removal of difficulties, it is hereby clarified that for the pur-
                                                 pose of calculating the period of thirty days for filing application for
                                                 revocation of cancellation of registration under sub-section (1) of sec-
                                                 tion 30 of the Act for those registered persons who were served notice
                                                 under clause (b) or clause (c) of sub-section (2) of section 29 in the
                                                 manner as  provided in clause (c) or clause (d) of sub-section (1) of
                                                 section 169 and where cancellation order was passed up to 12th June,
                                                 2020, the later of the following dates shall be considered :-
                                                  (a)  Date of service of the said cancellation order; or
                                                  (b)  31st day of August, 2020.”
                                            5.  Learned Standing Counsel did not dispute that the Gazette Notifica-
                                     tion.
                                            6.  Under such circumstances, the orders dated 2-11-2019 passed by the
                                     Assistant Commissioner, Sector-8, Jhansi and 31-12-2019 passed by the Addition-
                                     al Commissioner Grade-2 (Appeals) 1st Commercial Tax, Jhansi, are set aside.
                                     The application dated 19-10-2019 which was filed by the petitioner for the revo-
                                     cation of the cancellation order dated 19-1-2019 shall now be decided in accord-
                                     ance with law within a period of 15 days from the date of production of a copy of
                                     this order.
                                            7.  The Authority concerned may verify the correctness of this order
                                     from the Official Website of the High Court, Allahabad, if a certified copy is not
                                     submitted.
                                            8.  The writ petition is disposed of.
                                                                     _______

                                                       2020 (39) G.S.T.L. 260 (Mad.)

                                               IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                               [MADURAI BENCH]
                                                                 C. Saravanan, J.
                                                                  K.M. TILES
                                                                      Versus
                                                    STATE TAX OFFICER, TIRUNELVELI
                                               W.P. (MD) Nos. 7055 & 6492 of 2020, decided on 29-6-2020
                                            Interest - Adjustment of Transitional Credit - Revenue by  its order
                                     dated 24-6-2020 has accepted petitioner’s claim of refund of amount denied to
                                     them as Transitional Credit - Since said amount has already been adjusted by
                                     petitioner against their GST liability, there is no question of levy of any inter-
                                     est  - Section 50 of Central Goods  and Services Tax  Act,  2017/Tamil Nadu
                                     Goods and Services Tax Act, 2017 - Article 226 of Constitution of India. [paras
                                     4, 5]
                                                                                             Petition allowed
                                                          GST LAW TIMES      20th August 2020      46
   41   42   43   44   45   46   47   48   49   50   51