2019 (2) TMI 916 - HC - GST

Unable to upload FORM GST TRAN-1 within the stipulated time - input tax credit - migration to GST regime - Held that - The Government of India has issued Circular No.39/13/2018-GST, dated 03.04.2018, 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 second respondent. 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:
1. Failure to upload FORM GST TRAN-1 within stipulated time due to system error.
2. Applicability of Circular No. 39/13/2018-GST for addressing technical glitches on GST Portal.
3. Relief sought by the petitioner for taking credit of available input tax.

Analysis:
1. The petitioner, a registered dealer migrating to the Goods and Services Tax regime, failed to upload FORM GST TRAN-1 within the required time due to a system error. The petitioner sought directions to avail the input tax credit. The Court considered the issue and directed the petitioner to apply to the Nodal Officer for resolution, irrespective of the time-frame, to facilitate the uploading of the form.

2. The Court referred to Circular No. 39/13/2018-GST issued by the Government of India, which established an IT Grievance Redressal Mechanism for addressing taxpayer grievances related to technical glitches on the GST Portal. The circular outlined the procedure for taxpayers to report issues to nodal officers, provide necessary evidence, and seek resolution. The Court emphasized the importance of following this mechanism and directed the petitioner to approach the Nodal Officer for assistance in uploading FORM GST TRAN-1.

3. Acknowledging that other taxpayers also faced similar technical glitches, the Court highlighted that previous instances had been resolved by permitting applicants to seek assistance from the Nodal Officer. Therefore, the Court instructed the petitioner to submit an application to the Nodal Officer for resolving the issue. Additionally, the Court set a timeline for the Nodal Officer to consider the application and take necessary steps, ensuring that if the uploading of FORM GST TRAN-1 was not feasible due to reasons beyond the petitioner's control, the petitioner would still be allowed to claim the input tax credit from the migration period.

In conclusion, the judgment provided a practical solution for the petitioner's predicament by directing them to utilize the established grievance redressal mechanism under the GST regime to address the technical glitch and claim the input tax credit rightfully available during the migration period.