2019 (2) TMI 1154 - HC - GST

Unable to upload FORM GST TRAN-1 - input tax credit - migration to GST Regime - Held that - The Ext.P3 is the 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 2nd respondent, 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:
1. Failure to upload FORM GST TRAN-1 within stipulated time due to system error.
2. Seeking directions for taking credit of available input tax under Goods and Services Tax regime.
3. Applicability of Circular No.39/13/2018-GST for addressing technical glitches on GST Portal.
4. Previous instances of technical glitches faced by taxpayers and resolution through Nodal Officers.
5. Directions for the petitioner to apply to Nodal Officer for issue resolution and uploading FORM GST TRAN-1 without time-frame constraints.

Analysis:
1. The petitioner, a registered dealer under the Kerala Value Added Tax Act, migrated to the Goods and Services Tax regime and faced a system error while attempting to upload FORM GST TRAN-1 within the stipulated time to utilize available input tax credit. The petitioner seeks directions to avail the credit despite the technical issue.

2. The Court considered Circular No.39/13/2018-GST, which establishes an IT Grievance Redressal Mechanism for addressing taxpayer grievances related to technical glitches on the GST Portal. The circular outlines the procedure for taxpayers to apply to Nodal Officers with evidence of glitches hindering compliance with legal processes on the portal.

3. Noting that the petitioner and others faced similar technical glitches, the Court directed the petitioner to apply to the Nodal Officer for issue resolution. The Nodal Officer was instructed to facilitate the uploading of FORM GST TRAN-1 for the petitioner without being bound by the original time-frame requirement.

4. The Court emphasized that if the petitioner encounters practical difficulties, a manual application to the Nodal Officer within two weeks of the judgment would be considered, with subsequent steps to be taken within a week. In cases where the petitioner is unable to upload FORM GST TRAN-1 due to reasons beyond their control, the authority will enable them to claim the input tax credit available during migration.

5. By providing these directions, the Court disposed of the Writ Petition, ensuring that the petitioner and others facing similar issues receive necessary assistance through the established grievance redressal mechanism and Nodal Officers for seamless transition under the Goods and Services Tax regime.