2018 (10) TMI 48 - HC - GST

Unable to file TRAN-01 Form - transitional credit - Though credit of VAT is being shown on GST Portal, the credit not being reflected in his account - migration to GST Regime - Held that - The Government has also issued a Circular No.39/13/2018- GST dated 3.4.2018 to approach the Redressal Committee concerned for redressal of issues relating to filing of Form TRAN-01 - the present petition is disposed off by granting liberty to the petitioner to file a detailed and comprehensive representation raising all the pleas, as raised in the present writ petition before the Nodal Officer within a period of five days from the date of receipt of certified copy of the order.

Summary

Issues involved:
1. Delay in reflection of VAT credit in petitioner's account after migration to GST Act.
2. Grievance redressal mechanism for issues related to filing Form TRAN-01 under GST Act.

Analysis:

Issue 1: Delay in reflection of VAT credit
The petitioner, a registered assessee under Punjab VAT Act, CST Act, and GST Act, faced difficulties post-migration to GST Act in receiving credit for VAT shown on the GST Portal. Despite filing complaints and representations, no action was taken. The petitioner approached the High Court seeking redressal. Reference was made to a similar matter disposed of by the Delhi High Court. The Government issued Circular No.39/13/2018-GST directing aggrieved parties to approach the Redressal Committee for resolution. The High Court, without expressing any opinion on the merits, granted the petitioner liberty to file a detailed representation with all pleas before the Nodal Officer within five days. The Nodal Officer was to forward the representation to the IT Redressal Committee for decision within fifteen days, as per Circular No.39/13/2018-GST, affording the petitioner an opportunity to present evidence.

Issue 2: Grievance redressal mechanism for Form TRAN-01
The judgment highlighted the Government's Circular directing aggrieved parties to approach the Redressal Committee for issues related to Form TRAN-01 under the GST Act. Despite some assessees submitting representations, no adjudication or decision had been made. The High Court ordered the petitioner to file a comprehensive representation with the Nodal Officer within five days, following which the representation would be forwarded to the IT Redressal Committee for decision within fifteen days. The Committee was directed to pass a speaking order after affording the petitioner an opportunity to be heard within four weeks of receiving the representation, allowing the petitioner to present evidence to support their claim.

This judgment addresses the delays and challenges faced by the petitioner in receiving VAT credit post-migration to the GST Act and emphasizes the importance of the grievance redressal mechanism outlined in Circular No.39/13/2018-GST. The High Court's directive for the petitioner to submit a detailed representation and the subsequent process involving the Nodal Officer and IT Redressal Committee aim to provide a structured approach to resolving issues related to Form TRAN-01 under the GST Act, ensuring transparency and fair consideration of the petitioner's grievances.