2020 (6) TMI 579 - HC - GST

Reopening of portal for filing of Form GST TRAN-1 - transitional credit - HELD THAT - Issue Notice. To await the judgment of the Supreme Court in UNION OF INDIA VERSUS BRAND EQUITY TREATIES LIMITED AND ORS. ETC. ETC 2020 (6) TMI 517 - SC ORDER , list on 16th September, 2020.

Summary

Issues:
1. Claim for transitional CENVAT credit under the GST regime.
2. Errors in filing TRAN-1 due to inadvertent human error.
3. Legal remedy sought through a writ petition.
4. Acceptance of notice by respondents' counsels.
5. Timeline for filing counter-affidavits and rejoinder-affidavits.
6. Await judgment of the Supreme Court in a related case.

The judgment pertains to a writ petition filed by a registered dealer under the GST regime seeking a direction to open the portal for claiming transitional CENVAT credit. The petitioner inadvertently claimed a credit balance of &8377; 1,62,74,543/- instead of the correct amount of &8377; 1,79,85,755/-. The error arose due to a human mistake as the filing of TRAN-1 was outsourced to an accountant, leading to unintentional errors in including certain claims and excess credit. The petitioner's counsel highlighted the net unclaimed CENVAT credit as &8377; 17,11,212/-. The errors were detected during the company's audit by a Chartered Accountant.

The court issued notice to the respondents, with their counsels accepting the same. The timeline was set for filing counter-affidavits and rejoinder-affidavits within four weeks each. Additionally, the judgment specified to await the decision of the Supreme Court in a related case before proceeding further, scheduling the next hearing for 16th September, 2020. The order was directed to be uploaded on the website immediately, with copies sent to the counsels via email for reference and compliance.