Case Title | Prajwal Motors vs Union of India and Others |
Court | Karnataka High Court |
Honorable Judges | Justice S.R.KRISHNA KUMAR |
Citation | 2022 (8) GSTPanacea 143 HC Karnataka W.P No.9471 OF 2021 (T-RES) |
Judgement Date | 18-AUGUST-2022 |
Council for Petitioner | MR. Y.C.SHIVAKUMAR |
Council for Respondent | MS. HEMA KUMAR AND MR. JEEVAN.J. NEERALGI |
The High Court of Karnataka, Bengaluru bench of Justice S.R Krishna Kumar, has held that Goods and Service Tax Network (GSTN) isdirected to open common portal for filing concernedforms for availing Transitional Credit through TRAN-1and TRAN-2 for two months i.e. w.e.f. 01.09.2022 to 31.10.2022.
FACTS OF THE CASE
The case was basically that the Petitioner had filed a petition under article 226 of the Constitution of India stating to declare that the amendment effected to Section 140 of the Central Goods and services Tax Act, 2017, and the Karnataka Goods and Services Tax Act, 2017, by Section 128 of the Finance Act, 2020 to enable the Petitioner to file a revised form GST TRAN-1 either on the common portal or manually to claim the balance of transitional credit of Rs. 8, 75,860-00. (CENVAT Credit) under the New G.S.T Regime.
COURT HELD
The Court took the reference of the case Union of India vs. Filco Trade Centre Pvt. Ltd and issued similar order stating that:
we are of the view that it is just and proper to issue the following directions in these cases: 1. 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. 2. 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).
GSTN has to ensure that there are no technical glitch during the said time. 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 concerned. Thereafter, the allowed Transitional credit is to be reflected in the Electronic Credit Ledger.If required GST Council may also issue appropriate guidelines to the field formations in scrutinizing the claims. The Special Leave Petitions are disposed of accordingly. Pending applications, if any, also stand disposed of.
ANALYSIS OF THE JUDGEMENT
By noticing the above order we analyse that Goods and Service Tax Network (GSTN) was 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 for claiming CENVAT Credit and this was held in many cases.
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