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2019 (12) TMI 1002 - HC - GSTReopening of portal for Filing the Form GST TRAN-1 - transition to GST regime - CBIC Circular No.39/13/2018-GST dated 03.04.2018 - HELD THAT - The factual position in the present case is not any different. At this juncture, it may be noted that as per Notification No. 49/2019 dated 09.10.2019 issued by CBIC, the date prescribed for filing of Form GST TRAN-1 under Rule 117 (1A) of the CGST Rules has been extended to 31.12.2019. This itself demonstrates that the Respondents recognise the fact that the registered persons were not able to upload the Form GST TRAN-1 due to the glitches in the system. It is not fair to expect that each person who may not have been able to upload the Form GST TRAN-1 should have preserved some evidence of it such as, by taking a screen shot. From the documents placed on record, it emanates that the Respondents have no cogent ground to deny the benefit of the Notification No. 49/2019 dated 09.10.2019 issued specifically to grant relief to taxpayers who faced difficulty in filing Form GST TRAN-1 due to technical glitches. Thereafter when he engaged in communication with the respondent, there was no genuine ground forthcoming except for stating that the due date for filing of Form GST TRAN-1 was over. The respondents to either open the online portal so as to enable the petitioner to file the Form TRAN-1 electronically, or to accept the same manually on or before 31.12.2019 - petition allowed.
Issues:
Challenge to Rule 117 of CGST Rules regarding time limit for filing TRAN-1, entitlement to tax credit on Excise Duty, and relief sought under Article 226 of the Constitution of India. Analysis: 1. The petitioner sought relief under Article 226 challenging Rule 117 of CGST Rules, claiming entitlement to tax credit on Excise Duty, and requesting directions for filing TRAN-1. The petitioner's company had substantial credit on opening stock under GST regime but faced challenges due to technical issues with the GST portal. 2. The petitioner's case highlighted the difficulties faced in filing TRAN-1 within the prescribed time due to the Managing Director's illness and technical glitches on the GST portal. Despite efforts to rectify the situation, the petitioner was unable to claim the entitled tax credit, leading to the present petition seeking relief on compassionate grounds. 3. The petitioner relied on previous court decisions to support their case, emphasizing that similar reliefs were granted to other parties facing comparable situations. The court considered these precedents and the nature of reliefs sought, finding them covered by previous judgments directing authorities to rectify technical issues in filing forms electronically or manually. 4. The court acknowledged the challenges in the GST system's implementation phase, noting that many taxpayers faced difficulties accessing the portal before deadlines. The court gave the benefit of the doubt to the petitioner, considering the systemic issues and the extension of filing deadlines by authorities due to technical glitches. 5. Referring to Notification No.49/2019 issued by CBIC extending the filing deadline for GST TRAN-1, the court emphasized that taxpayers should not suffer due to system inefficiencies. The court recognized the tax credit as the property of the assessee, emphasizing that deprivation of such property requires lawful authority. 6. Ultimately, the court allowed the petition, directing the respondents to facilitate filing of Form TRAN-1 either electronically or manually by the petitioner before 31.12.2019. The authorities were instructed to process the petitioner's claim in compliance with the law once the form is filed, granting relief in line with previous judgments and recognizing the petitioner's entitlement to the tax credit.
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