2019 (12) TMI 47 - HC - GST

Amendment of TRAN-1 form - Transitional input tax credit - GST Act - HELD THAT - Reliance can be placed in the case of ADFERT TECHNOLOGIES PVT. LTD. VERSUS UNION OF INDIA AND ORS. 2019 (11) TMI 282 - PUNJAB AND HARYANA HIGH COURT wherein the Punjab and Haryana High Court had directed the respondents to permit the petitioners to file or revise where already incorrect TRAN-1 either electronically or manually statutory Form(s) TRAN-1 on or before 30.11.2019. The writ petition is disposed of with a direction to the respondents to consider the case of the petitioner- Company for amendment of TRAN-1 form and pass appropriate orders within a period of three weeks from today.

Summary

Issues:
1. Amendment of TRAN-1 form under the new Goods and Services Tax Act.

Analysis:
The petitioner, a company registered under the Companies Act, 1956, filed a writ petition seeking direction to amend its TRAN-1 form due to the introduction of the GST Act. The petitioner had a CENVAT Credit balance of Central Taxes, and another TRAN-1 form was filed for additional credit. The petitioner argued that they were unable to amend the form as per the new GST Act and relied on a judgment from the Punjab and Haryana High Court for similar relief. The respondents acknowledged the filing of the TRAN-1 form but noted an error in declaring the credit admissible as ITC, leading to the amount not being posted to the electronic credit ledger. The respondents assured consideration of the form as per amended GST Act provisions.

The High Court considered the facts and the communication from the respondents, acknowledging the genuine mistake made by the petitioner in not declaring the credit admissible as ITC in the TRAN-1 form. The Court directed the respondents to consider the petitioner's case for amending the form and to pass appropriate orders within three weeks. The judgment emphasized the need for timely resolution of such matters under the new GST regime and disposed of the pending applications as well.