HC directs Revenue to consider power generation co.’s request for issuance of Form ‘C’ after GST

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HC directs State Revenue authorities to take decision on assessee’s request for issuance of Forms C against inter-state purchases of diesel, in accordance with law; Notes that assessee, being a power generation company, was procuring diesel at concessional rate of 2% u/s 8(3) of CST Act from oil companies; However, after introduction of GST, oil companies started charging full tax rate of 16.75% instead of 2% since assessee failed to submit said Forms; Finds that despite Trade Circular dated November 17, 2017 which clarified that Forms C can be used for inter-state purchase of some goods including HSD, no Forms were issued to assessee till date; Resultantly, without expressing any opinion on merits of case, HC directs Revenue to pass a speaking order after affording an opportunity of hearing to assessee within specified time.

CITATION [TS-386-HC-2017(P & H)-VAT]