Rule 117 CGST Rules directory in nature, CENVAT credit can be availed within a period of three years from appointment date: Delhi HC

Rule 117 CGST Rules directory in nature, CENVAT credit can be availed within a period of three years from appointment date: Delhi HC
Delhi High Court

The Delhi High Court has read down Rule 117 of Central Goods and Services Tax Rules, 2017 as being directory in nature, insofar as it prescribes the time-limit for transitioning of CENVAT credit. (Brand Equity Treaties vs UOI)

The Court has thus held that Rule 117 would not result in the forfeiture of the rights, in case the credit is not availed within the period prescribed under it.

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