2018 (8) TMI 973 - HC - GST

Input tax credit - migration to GST Regime - unable to generate FORM GST TRAN-2 - Held that - It is appropriate to dispose of the writ petition permitting the petitioner to prefer a representation pointing out the grievance before the additional eighth respondent, the Nodal Officer appointed to resolve the issues of this nature - petition disposed off.

Summary

Issues: Petitioner unable to generate FORM GST TRAN-2 due to a mistake while uploading FORM GST TRAN-1, seeking directions to rectify the error.

Analysis:
The petitioner, a registered dealer under the Kerala Value Added Tax Act and the Central Sales Tax Act, migrated to the Goods and Services Tax regime, entitling them to credit of input tax. However, an error occurred while uploading FORM GST TRAN-1, hindering the generation of FORM GST TRAN-2. The petitioner asserts the absence of a provision for revising the uploaded form, impeding them from availing the input tax credit. Consequently, the petitioner filed a writ petition seeking appropriate directions to address this issue.

Upon hearing the arguments presented by the petitioner's counsel, the Government Pleader, and the Central Government Counsel, the court considered the circumstances of the case along with previous rulings in similar matters. In light of the situation, the court decided to dispose of the writ petition by allowing the petitioner to submit a representation outlining the grievance to the Nodal Officer, the additional eighth respondent designated to resolve such issues. The court directed the petitioner to file the representation within two weeks from receiving a copy of the judgment. It was emphasized that upon receipt of the representation, the additional eighth respondent must take necessary action within one month to facilitate the petitioner in availing the input tax credit.

This judgment underscores the importance of procedural rectification mechanisms in tax matters, ensuring that taxpayers are not unduly burdened due to technical errors in compliance procedures. By providing a pathway for the petitioner to address the upload mistake and obtain the entitled input tax credit, the court upholds the principles of fairness and efficiency in tax administration.