2020 (1) TMI 738 - HC - GST

Filing of TRAN-1 Form - transitional credit - transition to GST regime - Section 140 of the Central Goods and Services Tax Act, 2017 - HELD THAT - Rule 117 of the SGST Rules prescribed a period of 90 days from the appointed day to file Form GST TRAN-1 mentioning the amount of transitional input tax credit claimed by the registered person. The Form GST TRAN-1 is to be filed electronically on the common portal within the time fixed in the Rule initially or extended by notifications. The claim of the petitioner is that initially, it tried to upload the details of the VAT credit in Form TRAN-1 on 27.12.2017 but the same could not be uploaded due to some technical errors. As the time fixed for filing the GST TRAN-1 electronically expired, the petitioner approached the authorities to submit the application manually but the authorities have not taken any action on the same. This Writ Petition is disposed of in terms thereof directing the respondents to either open the portal to enable the petitioner to again file the Form GST TRAN-1 electronically or in the alternative, accept the Form GST TRAN-1 presented manually, on or before 31.12.2019.

Summary

Issues:
- Petitioner seeking writ of Mandamus to submit TRAN-1 Form on GSTN Portal
- Transfer of VAT credit to GST regime under Section 140 of CGST Act, 2017
- Rule 117 of SGST Rules, 2017 for filing Form GST TRAN-1
- Extension of time for submitting Form GST TRAN-1
- Petitioner's technical difficulties in uploading forms
- Precedent set by a previous judgment

Analysis:
The petitioner filed a Writ Petition under Article 226 seeking a Mandamus to direct the respondents to allow submission of the TRAN-1 Form on the GSTN Portal as per Section 140 of the CGST Act, 2017 and the APSGST Act, 2017. The petitioner, a dealer in fertilizers and pesticides, registered under the erstwhile APVAT Act, sought to transfer VAT credit to the GST regime. Rule 117 of the SGST Rules, 2017 mandated the electronic submission of Form GST TRAN-1 within 90 days from the appointed day, which was later extended. The petitioner faced technical issues while trying to upload the form and subsequently requested to submit it manually, but no action was taken by the authorities.

The Standing Counsel informed the court that the deadline for submitting Form GST TRAN-1 was extended up to 31.12.2019. The petitioner, citing technical limitations, relied on a previous judgment where a similar issue was considered by the court. Referring to judgments in other cases, the court directed the respondents to either allow electronic filing of Form GST TRAN-1 or accept manual submission by the petitioner before 31.12.2019, in line with the precedent set by the previous judgment, which was not challenged and had attained finality.

Given the precedent and the judgment in a similar case, the court disposed of the Writ Petition, instructing the respondents to facilitate electronic submission or accept manual filing of Form GST TRAN-1 by the petitioner before the extended deadline. The court emphasized that the petitioner's claim must be processed in accordance with the law. The judgment highlighted the importance of adhering to the legal provisions regarding the transitional input tax credit and the procedural aspects of filing required forms within the specified timelines.