2020 (3) TMI 1036 - HC - GST

Filing of Form GST TRAN-1 - transitional credit - HELD THAT - In view of the Order No.01/2020 of the GST, the grievance of the petitioner can be redressed, if the respondents are directed to allow the petitioner to upload the Form GST TRAN-1 on or before 31st March, 2020. The petitioner is entitled to claim credit of Cenvat as per the decision of the Coordinate Bench of this Court in the case of M/S SIDDHARTH ENTERPRISES THROUGH PARTNER MAHESH LILADHAR TIBDEWAL VERSUS THE NODAL OFFICER 2019 (9) TMI 319 - GUJARAT HIGH COURT wherein, it is held that the petitioner is entitled to avail the benefit of Cenvat Credit under Section 140(3) of the Act irrespective of time limit prescribed under Rule 117 of the Rules. The respondents are directed to permit the petitioner to upload the Form GST TRAN-1, which is saved by the petitioner as per the Order No.1/2020-GST, dated 7th February, 2020 passed by the Central Board of Indirect Taxes and Customs. Such exercise shall be completed within a period of two weeks from the date of the receipt of the order.

Summary

Issues:
1. Claim for transitional input tax credit under Section 140 of the GST Acts.
2. Technical glitch preventing uploading of Form GST TRAN-1.
3. Interpretation of Order No.01/2020-GST for extending time limit.
4. Entitlement to claim Cenvat credit irrespective of time limit.
5. Directive to allow uploading of Form GST TRAN-1 within a specified timeframe.

Analysis:
1. The petitioner sought a writ of mandamus to direct the respondents to grant transitional input tax credit under Section 140 of the GST Acts, specifically related to Form GST TRAN-1. The petitioner claimed that although the form was saved but not filed due to a technical glitch, they should still be entitled to the credit as per the rules.

2. The respondent argued that the petitioner's case did not qualify for uploading Form GST TRAN-1 due to not having a technical glitch, as noted in the IT Grievance Redressal Committee meeting. Conversely, the petitioner contended that the inability to upload the form was due to a technical issue, and they had saved the form online, indicating no fault on their part to claim the transitional credit.

3. The Order No.01/2020-GST, issued by the Central Board of Indirect Taxes and Customs, extended the time limit for submitting the declaration in Form GST TRAN-1 in certain cases. The petitioner relied on this order to request permission to upload the form, emphasizing the need for compliance with the extended deadline till 31st March, 2020, to address their grievance effectively.

4. Citing a previous judgment, the petitioner asserted their entitlement to claim Cenvat credit under Section 140(3) of the Act, irrespective of the time limit prescribed by Rule 117 of the Rules. The judgment highlighted the constitutional right to property and the non-mandatory nature of the due date under Rule 117 for claiming transitional credit, reinforcing the petitioner's position.

5. Consequently, the court directed the respondents to allow the petitioner to upload Form GST TRAN-1 within two weeks from the date of the order, in line with the provisions of Order No.01/2020-GST and the petitioner's right to claim Cenvat credit. The rule was made absolute to this extent, with no cost imposed, and direct service was permitted for compliance with the directive.