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2019 (2) TMI 424 - HC - GSTFiling of Form GST TRAN - 1 - petitioner made several complaints before the Nodal Officer, but the same has not been considered so far - Held that - It is hardly required to be stated that the Nodal Officer appointed under the Central Goods Services Tax (CGST) and State Goods Services Tax (SGST) Acts is obligated to consider the complaint of the petitioner and take a decision in the matter. However, the same has not been done, it is imperative for this Court to direct respondent No.7 - Nodal Officer to consider the complaint/representation made by the petitioner at Annexures-H and K to the writ petition and take a decision in accordance with law in an expedite manner - petition disposed off.
Issues: Correcting bonafide error in GST Tran-1 form leading to deprivation of transitional credit.
In this judgment by the Karnataka High Court, the petitioner sought a direction to correct a bonafide error in the GST Tran-1 form, which resulted in the petitioner being deprived of transitional credit amounting to ?9,74,57,802 in their electronic credit ledger. The petitioner claimed the error occurred due to not reflecting credit claim in Column 6 of Table 5(a) of Form GST TRAN-1, despite filing the revised form within the prescribed time. The electronic credit ledger only showed a credit of ?5,89,346, leading to multiple complaints by the petitioner to the Nodal Officer, which were not addressed. The Court acknowledged the obligation of the Nodal Officer under the CGST and SGST Acts to consider such complaints and make a decision. Consequently, the Court directed respondent No.7, the Nodal Officer, to review the petitioner's complaint and representations and make a decision promptly and in compliance with the law. The judgment emphasizes the importance of rectifying errors in GST filings promptly to ensure taxpayers are not unjustly deprived of entitled credits. It underscores the duty of the Nodal Officer to address complaints and make decisions in a timely manner as per the provisions of the CGST and SGST Acts. The Court's intervention in directing the Nodal Officer to consider the petitioner's representations highlights the judiciary's role in ensuring administrative bodies fulfill their obligations fairly and efficiently. By disposing of the writ petition in favor of the petitioner, the Court upholds the principle of providing relief to individuals facing adverse consequences due to genuine errors in compliance procedures.
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