Can bonafide credit
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Case Title |
M/s PKL Ltd. Vs Union of India & Ors |
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Court |
Telangana High Court |
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Honorable Judges |
Justice Ujjal Bhuyan and Justice C.V. Bhaskar Reddy |
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Citation |
2022 (8) GSTPanacea 163 HC Telangana W.P.Nos 15082, 15973, 17171 of 2018 W.P.Nos 1622, 1638, 8772, 11515, 13882, 20325 of 2019 W.P.Nos 3810, 6552, 11063, 14791 of 2020 W.P.Nos 34431, 34437 of 2021 |
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Judgement Date |
08-August-2022 |
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Counsel for Petitioner |
Mr V.Raghuraman Mr Bharath Raichandani Mr Karan Talwar Mr S.Suri Babu |
|
Counsel for Respondents |
Mr B.Mukherjee Mr B Narasimha Sarma Mr K.Raji Reddy Mr Swaroop Oorilla |
The Court of Chief Justice Ujjal Bhuyan and Justice C.V.Bhaskar Reddy has upheld final judgement order delivered by Hon. Supreme Court of India on 22.07.2022 in the case of Union of India Vs Filco Trade Center Pvt Ltd. and Anr.
FACTS OF THE CASE
The Petitioner’s demanded time to file revised FORM TRAN-1 and TRAN-2 to avail transitional credit on inputs or to file fresh FORM TRAN-1 and TRAN-2 on GST portal due to various reasons.
Counsel for petitioner relied upon the final order rendered by Hon. Supreme Court of India on 22.07.2022 in the case of Union of India and Another Vs Filco Trade Centre Pvt. Ltd. in an attempt to resolve the piquant situation prevailing around the nation, where assesses were deprived due to technical glitch to avail filing of forms for availing transitional credit through TRAN-1 and TRAN-2.
Can bonafide credit
COURT HELD
Considering the facts as recorded, Hon. court considering the order passed by Apex Court on 22.07.2022, reiterated direction to GSTN to open common portal for filing concerned forms for availing transitional credit through TRAN-1 and TRAN-2 for a period of 2 months commencing from 01.09.2022 to 31.10.2022. To allow to file and/or revise the already filed form irrespective of whether matter is under litigation before the High Court or is decided by Information Technology Grievance Redressal Committee (ITGRC). To verify the veracity of claims within 90 days and pass appropriate orders on merits after granting opportunity to hearing and allow transactional credit in Electronic Credit Ledger.
Respondents were allowed at liberty to issue appropriate guidelines to field staff in scrutinizing the claims.
Can bonafide credit
ANALYSIS OF THE JUDGEMENT
Registered taxpayers deserves opportunity to claim rightful credit on inputs deprived during transitional period due to technical glitches of GST portal.
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PKL Limited
For Reference visit:
Telangana High Court