Transformer Dispute: Supreme Court Directs SPML Infra to Submit Affidavit Disclosing ITC Benefits and Transformer Usage Details with Balance Sheet [Read Judgement]

The Supreme bench, while entertaining the appeal filed by the East India Udyog Ltd, has directed the SPML Infra Ltd (respondents) to submit the affidavit disclosing the Goods and Services Tax (GST) Input Tax Credit (ITC) benefits and also the utilisation of the transformer usage details.

The bench of Justice Sanjiv Khanna and Justice S V N Bhatti has ordered the appellant and the respondent to submit affidavits along with copies of their balance sheets for the period spanning from April 1, 2015, to March 31, 2021. These balance sheets should include any outstanding amounts that were either receivable or payable by the appellant and the respondent.

Additionally, if the respondent has availed Input Tax Credit (ITC), the affidavit must specify the total amount of the ITC claimed and whether this credit encompasses supplies that are under dispute due to inferior or substandard quality. Furthermore, the respondent should declare whether the transformers, previously identified as of inferior quality, have been employed or utilised.

The parties are required to furnish these affidavits and the corresponding documents and balance sheets within six weeks from the present date. The case is scheduled for re-listing in January 2024.

To Read the full text of the Order CLICK HERE

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