2019 (10) TMI 1084 - HC - GST

Filing up TRAN-I Form - carry forward of transitional credit - transition to GST regime - HELD THAT - Admittedly there has been a typographical/ clerical error on the part of the petitioner which the petitioner is entitled to correct while filling up the TRAN-I Form. The writ petition is disposed off by directing the Respondents to either open the online portal so as to enable the Petitioner to again file the rectified TRAN-I Form electronically or accept the manually filed TRAN-I Form with the correction on or before 25.10.2019.

Summary

Issues involved:
- Rectification of clerical error in online TRAN-I Form for carrying forward cenvat credit under GST.
- Opening of GST portal for manual filing of rectification.
- Allowing due credit of ITC of excise duty paid on stock held on a specific date.
- Granting reliefs sought in the writ petition.
- Waiver of penalty and interest for late filing of GSTR-3B.

Analysis:
1. Rectification of clerical error in online TRAN-I Form:
The petitioner sought a writ to correct a clerical mistake in the online TRAN-I Form, which led to the omission of carrying forward cenvat credit. The respondent acknowledged the error and agreed that the petitioner should be allowed to rectify the form. The court, considering a similar case precedent, directed the respondents to open the online portal for the petitioner to file the rectified form electronically or accept a manually filed form with corrections by a specified date.

2. Opening of GST portal for manual filing of rectification:
The court directed the respondents to facilitate the petitioner in rectifying the TRAN-I Form by either opening the online portal for electronic filing or accepting a manually corrected form. This direction was given to address the clerical error made by the petitioner, ensuring that the due process is followed to rectify the mistake beyond the petitioner's control.

3. Allowing due credit of ITC of excise duty paid on stock:
The petitioner also sought a writ to enable the due credit of Input Tax Credit (ITC) of excise duty paid on stock held on a specific date, as per Section 140 of the CGST Act, 2017. The court, acknowledging the typographical error on the part of the petitioner, directed the respondents to permit the petitioner to rectify/amend the TRAN-1 form to claim the ITC within a specified timeframe.

4. Granting reliefs sought in the writ petition:
The court granted the reliefs sought by the petitioner in the writ petition, which included issuing a writ of mandamus to open the common portal for rectification, allowing due credit of ITC, and any other relief deemed fit by the court based on the circumstances of the case. The court's decision was based on the acknowledgment of the clerical error and the need to rectify it to ensure compliance with the GST laws.

5. Waiver of penalty and interest for late filing of GSTR-3B:
In line with the directions given for rectifying the TRAN-I Form and allowing due credit of ITC, the court also ordered the waiver of penalty and interest for the late filing of GSTR-3B. This waiver was subject to the petitioner filing the rectified TRAN-1 Form within the specified deadline, ensuring that the petitioner is not penalized for the clerical error and can rectify the mistake without incurring additional financial burden.

The judgment, delivered by the Delhi High Court, emphasized the importance of rectifying clerical errors in GST forms to ensure compliance with the law and enable taxpayers to claim their rightful credits without undue penalties.