2019 (1) TMI 1154 - HC - GST

Opening the official web portal so as to upload FORM GST REG-26 Part B - revival of provisional registration certificate issued to the petitioner firm earlier - Held that - Now both the counsel agree that GSTN is active and that the petitioner was granted a new registration number - the learned Standing Counsel for the 4th respondent informs the Court that the authorities will look into the petitioner s claim for validation - petition closed.

Summary

Issues: Migration issues under the KVAT Act to GST regime, revival of provisional registration certificate, validation of returns for the previous period post-GST commencement.

Migration Issues under the KVAT Act to GST Regime:
The petitioner, an assessee under the KVAT Act, faced challenges in migrating from one tax regime to another. The Writ Petition sought directions to allow the petitioner to submit FORM GST REG-26 Part B and complete the migration process by issuing a writ of mandamus or other appropriate orders. Both counsels acknowledged the activation of GSTN and the grant of a new registration number to the petitioner. The Court noted the petitioner's counsel's submission regarding the validation of returns for the previous period post-GST commencement. The authorities assured to examine the petitioner's claim for validation. Consequently, the Court closed the Writ Petition as it was no longer required for further consideration.

Revival of Provisional Registration Certificate:
The petitioner also sought directions to revive the provisional registration certificate issued to conduct business until the migration process completion. However, since the petitioner was granted a new registration number and the authorities assured to look into the validation of returns for the previous period, the Court did not find it necessary to address the revival of the provisional registration certificate separately.

Validation of Returns for the Previous Period Post-GST Commencement:
The petitioner's counsel emphasized the need for validating returns for the previous period post-GST commencement. The Standing Counsel for the 4th respondent assured the Court that the authorities would investigate the petitioner's claim for validation. This issue was considered in conjunction with the migration process under the KVAT Act to the GST regime, and the Court deemed it unnecessary to provide separate directions on this matter due to the assurance given by the authorities to address the validation concerns.

In conclusion, the High Court of Kerala addressed the migration issues faced by the petitioner under the KVAT Act to the GST regime, the revival of the provisional registration certificate, and the validation of returns for the previous period post-GST commencement. The Court closed the Writ Petition as it was satisfied with the actions taken by the authorities in response to the petitioner's concerns.