2019 (12) TMI 1289 - HC - GST

Benefit of un-utilized ITC accrued - filing of statutory Form TRAN-I - HELD THAT - It is conveyed that the date for filing annual returns has been extended from 31.12.2019 to 31.1.2020. The present petition is allowed with permission/modification to file the said Statutory Form TRAN-I by 31.01.2020.

Summary

Issues:
- Un-utilized Input Tax Credit under GST regime
- Relief based on previous judgment
- Extension of date for filing annual returns

Analysis:
The judgment by the High Court of PUNJAB & HARYANA addresses the issue of un-utilized Input Tax Credit (ITC) under the Goods and Service Tax (GST) regime. The petitioner, a Proprietorship concern engaged in trading and manufacturing of automotive and plastic parts, faced difficulty in uploading ITC details as required by the statutory Form "TRAN-I" to avail benefits accrued under previous Taxing Statutes. The petitioner sought relief based on a previous judgment in "Adfert Technologies Pvt. Ltd. Versus Union of India and others," where the Court ruled in favor of the Assessees. The counsel for both parties agreed that the current petition aligns with the aforementioned judgment, leading to the petition being allowed in accordance with the terms of the previous case.

Furthermore, the judgment highlighted an extension in the deadline for filing annual returns, moving it from December 31, 2019, to January 31, 2020. As a result, the present petition was granted, permitting the filing of the Statutory Form TRAN-I by the revised deadline. Additionally, in case the petitioner faces obstacles in benefiting from the judgment due to portal issues, they are authorized to claim unutilized credit in their GST-3B Forms for February 2020, either electronically or manually. The judgment concluded with no order as to costs, providing a comprehensive resolution to the issues raised by the petitioner regarding ITC and compliance under the GST regime.