9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 958 - HC - GSTInput Tax Credit - Transitional Relief (TGST) - filing of TRAN-1 - inclusion of TDS - HELD THAT - Now a revised return has been filed. Since the revised return has been filed in October, 2017 itself, the problem of the petitioner could have been redressed, if the assessment had been completed or at least if the matter has been looked into. Since that has not been done, we dispose of the writ petition with the following directions 1) The Assessing Officer shall first scrutinize the revised return and ascertain whether the Form-501 TDS certificates are genuine. If they are genuine, the petitioner is entitled to ITC and the same could be released. The Assessing Officer shall complete the exercise within a period of two weeks; 2) The Assessing Officer shall also complete the assessment, after following due process of law within a month, since the matter is already one year old.
Issues: Challenge to blocking of Input Tax Credit (ITC) by respondents.
Analysis: The petitioner challenged the action of the respondents in blocking the ITC to which they were entitled. The petitioner filed a writ petition seeking relief. The court heard arguments from both parties, with Mr. Jakkula Sridhar representing the petitioner and the Government Pleader for Commercial Tax representing the respondents. The court noted that the petitioner had claimed Transitional Relief (TGST) amounting to ?1,88,13,191, but the ITC was not carried forward in the return filed in June 2017. Subsequently, the dealer filed TRAN-1 to claim the amount, which represented TDS covered by Form No.501. The respondents contended that assessments were pending from 01-05-2013, and the blockage of ITC was partly due to the petitioner's failure to make a claim in the return for June 2017. However, the dealer later filed a revised return in October 2017. The court observed that the problem could have been resolved if the assessment had been completed or at least looked into after the revised return was filed. Consequently, the court issued directions to address the issue. The court directed the Assessing Officer to scrutinize the revised return to verify the genuineness of the Form-501 TDS certificates. If found genuine, the petitioner was entitled to the ITC, which could then be released. The Assessing Officer was instructed to complete this exercise within two weeks. Additionally, the court mandated the completion of the assessment process, following due process of law, within a month, considering the matter was already a year old. The court's directives aimed to resolve the petitioner's concerns regarding the blocked ITC and pending assessments. As a result of these directions, any miscellaneous petitions pending were to be closed. The judgment provided a structured approach to address the issues raised by the petitioner concerning the blocking of ITC and the pending assessments, ensuring a timely resolution and closure of related matters.
|
