Can transitional credit through
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Case Title |
Suraj Impex vs Union of India. |
|
Court |
Gujarat High Court |
|
Honorable Judges |
Justice N.V.Anjaria & Justice Bhargav D. Karia |
|
Citation |
2022 (8) GSTPanacea 161 HC Gujarat C/SCA/15105/2022 |
|
Judgement Date |
24-August-2022 |
|
Council for Petitioner |
A S Tripathi |
|
Council for Respondent |
Priyank Lodha |
The Gujarat High Court bench of Justice N.V.Anjaria & Justice Bhargav D. Karia has held that the aforesaid decision of the Supreme Court shall govern the right of the parties accordingly GSTN is directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 01.09.2022 to 31.10.2022.
FACTS OF THE CASE
On 26.8.2017, the petitioner firm filed TRAN-1, however, on account of technical error in the on-line portal, the same was not received and could not be filed resulting into loss of transition input tax credit to the tune of Rs. 51,95,606/-
Petitioner requesting the authorities to allow to the petitioners the transfer of Cenvat credit aggregating to Rs. 51,95,606/- as Input Tax Credit (ITC) in the petitioners’ electronic credit ledger under the Central Goods and Services Tax Act, 2017 (CGST Act ) read with Rule 117 of the Central Goods and Services Tax Rules, 2017 (CGST Rules).
The Petitioner prayer is to direct the respondents to permit the petitioners to again file manually the TRAN-1 for declaring and transferring Cenvat credit of the aforesaid amount as Input Tax Credit (ITC) to the petitioners’ electronic credit ledger.
Petitioner ad idem that the issue involved and required to be addressed in this petition, has been answered by the Apex Court in case of Union of India and Anr. vs. Filco Trade Centre Pvt. Ltd and Anr. in Special Leave to Appeal No. 32709–327010 of 2018 and another allied matters decided on 22.07.2020.
Can transitional credit through
COURT HELD
Considering the facts as recorded, held that the aforesaid decision of the Supreme Court shall govern the right of the parties
Goods and Service Tax Network (GSTN) is directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 01.09.2022 to 31.10.2022
The concerned officers are given 90 days thereafter to verify the veracity of the claim/transitional credit and pass appropriate orders thereon on merits after granting appropriate reasonable opportunity to the parties
The concerned officers are given 90 days thereafter to verify the veracity of the claim/transitional credit and pass appropriate orders thereon on merits after granting appropriate reasonable opportunity to the parties
Can transitional credit through
ANALYSIS OF THE JUDGEMENT
It goes without saying that the aforesaid decision of the Supreme Court shall govern the right of the parties
Considering the judgments of the High Courts on the then prevailing peculiar circumstances, any aggrieved registered assessee is directed to file the relevant form or revise the already filed form irrespective of whether the taxpayer has filed writ petition before the High Court or whether the case of the taxpayer has been decided by Information Technology Grievance Redressal Committee (ITGRC)
Goods and Service Tax Network (GSTN) is directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 01.09.2022 to 31.10.2022
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