Transitional credit through TRAN-1
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Case Title |
Ashoka Buildcon Limited vs Union of India & Others . |
|
Court |
Karnataka High Court |
|
Honorable Judges |
Justice M.I.Arun |
|
Citation |
2022 (7) GSTPanacea 172 HC Karnataka W.P.No 105963 /2019 |
|
Judgement Date |
29-July-2022 |
|
Council for Petitioner |
R.Dakshina Murthy K.S.Naveen Kumar Shashank S Hegde |
|
Council for Respondent |
Shivaprabhu Hiremath Jeevan J. Neeralgi |
The Karnataka High Court bench of Justice M.I.Arun 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
Petitioner is registered under the provisions of Goods and Service Tax. It availed transitional credit through TRAN-1. The same was uploaded on the web portal of Central Board of Indirect Tax and customs. However, a mistake was committed while uploading the necessary details. The petitioner has sought to rectify the same.
However, in the meanwhile the filing under the web portal was closed because of which the error could not be rectified.
Hence, the instant writ petition is filed
Transitional credit through TRAN-1
COURT HELD
Considering the facts as recorded, held that he 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
Transitional credit through TRAN-1
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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