Filing of transition credit when portal in technical error.

filing of transition credit

Case Title

M/s SMC Corporation India P Ltd

Vs

Joint Commissioner GST

Jurisdictional Nodal Officer

Court

Madras High Court

Honorable Judges

Justice Anita Sumanth

Citation

2022 (7) GSTPanacea 195 HC Madras

W.P.A. 35373 of 2019

Judgement Date

28-July-2022

Council for Petitioner

Raghwan Ramabadran

Council for UOI

 

Council for State

A.P Srinivas

Venkataswamy Babu

The Madras High Court bench of Justice Anita Sumanth has held that GSTIN shall open the portal as per Apex court order and ensure no glitches while uploading the TRAN forms.

FACTS OF THE CASE

 In this case the petitioner was not able to upload the TRAN-1 form to availment of credit of tax paid in earlier regime due to technical glitches in the portal.

The council of petitioner by giving references to the different cases of Supreme Court such as Filco Trade Centre Vs Union of India submitted that apex court had already allowed to open the GSTIN network for TRAN-1 upload by ensuring the proper working of portal by 31st Oct 2022.

filing of transition credit

COURT HELD

Considering the facts as recorded, without any further verification the writ is disposed with the reference of apex court order in similar cases.

filing of transition credit

ANALYSIS OF THE JUDGEMENT

 The apex court order in similar clear case in similar provision of fact shall be adhered to the authority .

Downlaod PDF:

M/s SMC Corporation India P Ltd

For Reference Visit:

Madras High Court