2019 (1) TMI 1080 - HC - GST

Unable to upload FORM GST TRAN-1 within the stipulated time - Input tax credit - migration to GST regime - Held that - There is a circular issued by the Government of India for setting up an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal. - the petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner s uploading FORM GST TRAN-1, without reference to the time-frame - petition disposed off.

Summary

Issues involved:
- Failure to upload FORM GST TRAN-1 within stipulated time due to system error
- Applicability of circular for IT Grievance Redressal Mechanism for taxpayers facing technical glitches on GST Portal
- Petitioner seeking directions to take credit of available input tax at the time of migration to Goods and Services Tax regime

Analysis:
1. Failure to upload FORM GST TRAN-1: The petitioner, a registered dealer under the Kerala Value Added Tax Act, migrated to the Goods and Services Tax regime and attempted to upload FORM GST TRAN-1 within the stipulated time to utilize input tax credit. However, due to a system error, the upload failed. The petitioner sought directions to enable the credit of available input tax. The court considered this issue along with similar cases where technical glitches were faced by taxpayers.

2. Applicability of circular for IT Grievance Redressal Mechanism: The court referred to a circular issued by the Government of India outlining the IT Grievance Redressal Mechanism for addressing taxpayer grievances due to technical glitches on the GST Portal. The circular detailed the procedure for taxpayers to apply to nodal officers with evidence of glitches preventing compliance with legal processes. In this case, the court directed the petitioner to apply to the Nodal Officer for issue resolution, emphasizing that the Nodal Officer should facilitate the uploading of FORM GST TRAN-1 without strict adherence to the time-frame.

3. Direction to take credit of available input tax: The court ordered that if the petitioner applies within two weeks after the judgment, the Nodal Officer should consider the application promptly. If the uploading of FORM GST TRAN-1 is not possible due to reasons beyond the petitioner's control, the authority should enable the petitioner to take credit of the input tax available at the time of migration. By providing these directions, the court disposed of the Writ Petition, ensuring relief for the petitioner and others facing similar technical issues during the transition to the Goods and Services Tax regime.