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2018 (9) TMI 370 - HC - GSTUnable to upload FORM GST TRAN-1 - migration to GST Regime - input tax credit - Held that - It is deemed appropriate to dispose of the writ petition permitting the petitioner to prefer an application before the additional sixth respondent, the Nodal Officer appointed to resolve issues in the nature of one raised by the petitioner - petition disposed off.
Issues:
1. Inability to upload FORM GST TRAN-1 within stipulated time. 2. Seeking directions to take credit of input tax available at the time of migration. Issue 1: Inability to upload FORM GST TRAN-1 within stipulated time The petitioner, a registered dealer under the Kerala Value Added Tax Act, faced the issue of being unable to upload FORM GST TRAN-1 within the prescribed time frame after migrating to the Goods and Services Tax regime. Despite attempting to upload the form within the deadline, the petitioner encountered system errors preventing successful submission. The petitioner's primary grievance revolved around the hindrance in claiming credit for input tax available during the migration period. Issue 2: Seeking directions to take credit of input tax available at the time of migration The High Court, after hearing the arguments from the petitioner's counsel, the Government Pleader, and the Standing Counsel for the respondent, decided to allow the petitioner to submit an application before the Nodal Officer, the additional sixth respondent, designated to address such issues. The court directed the petitioner to file the application within two weeks from the date of receiving the judgment, ensuring a prompt decision within a week thereafter. Notably, if it is established that the petitioner's failure to upload FORM GST TRAN-1 was due to reasons beyond their control, appropriate measures would be taken to facilitate the credit claim for the input tax available during the migration period. This judgment from the Kerala High Court addressed the challenges faced by a registered dealer transitioning to the Goods and Services Tax regime, emphasizing the importance of enabling taxpayers to claim credits for input tax seamlessly. The court's directive to involve the Nodal Officer in resolving such issues reflects a proactive approach to ensuring compliance and fairness in tax matters, safeguarding the rights of taxpayers encountering technical obstacles during the migration process.
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