Unutilized VAT Credit is Allowed to be Transitioned Under the GST Regime

Introduction

In the realm of business taxation, the transition from Value Added Tax (VAT) to Goods and Services Tax (GST) marks a significant shift. Tax credits play a crucial role in this landscape, providing businesses with the means to offset their tax liabilities. A recent ruling by the Hon’ble Madras High Court in the case of M/s. Radhikka Ceramic World has highlighted the importance of unutilized VAT credits and their transition under the GST regime.

Facts of the Case

M/s. Radhikka Ceramic World, engaged in selling ceramic tiles and similar products, faced issues concerning unutilized VAT credits. These tiles were imported from various states, and the tile industry was known for significant tax evasion, prompting advance tax calculations at the Tuticorin port. For July 2017, the petitioner had an unutilized VAT credit amounting to INR 3,71,331/-. This amount was paid in advance and remained unutilized, leading to the petitioner’s attempt to transition this credit under Section 140 of the Tamil Nadu Goods and Services Tax Act, 2017 (TNGST Act).

Issue

The core issue in this case was whether unutilized VAT credit could be transitioned under the GST regime as per the provisions of the TNGST Act.

Held

The Hon’ble Madras High Court ruled in favor of the petitioner, allowing the unutilized VAT credit to be transitioned under the GST regime. The court relied on previous judgments, including Avatar Petro Chemicals (P.) Ltd. v. GST Council and Bharat Electronics Limited, which established the legitimacy of transitioning earned tax credits under the new tax enactments.