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2020 (10) TMI 195 - HC - GSTReview of Order - Permission to file Form 'TRAN-1' by the extended date - transitional credit - HELD THAT - The issue decided in the case of M/S. AJAY HARDWARE INDUSTRIES PVT. LTD., VERSUS UNION OF INDIA AND OTHERS 2019 (12) TMI 414 - PUNJAB AND HARYANA HIGH COURT where it was held that Merely, because the implementation has been stayed in Review by the Hon'ble Gujarat High Court, in our considered opinion, is no ground to review our judgment, however, in our view, the appropriate remedy for the Revenue would be to approach the Hon'ble Supreme Court by filing an appeal. Review application dismissed.
Issues:
Review of final judgment and order dated 18.12.2019 allowing writ petition to file Form 'TRAN-1' by extended date. Analysis: The High Court received a Review Application seeking to review the final judgment and order dated 18.12.2019, which allowed a writ petition to file Form 'TRAN-1' by the extended date. The applicants-respondent Nos. 1 to 3 filed the Review Application under Order XLVII Rule 1 of the Code of Civil Procedure. The earlier Review Application moved by the Union of India (UOI) was dismissed by the Court on 29.11.2019. The primary argument raised in the present Review Application was based on the judgment passed by the Hon'ble Gujarat High Court, which was under review and had stayed the execution/implementation of the directions. The Court, after hearing the counsel for the applicant-UOI and examining the record, found no grounds to review the judgment dated 18.12.2019. The Court emphasized that the appropriate remedy for the Revenue would be to approach the Hon'ble Supreme Court by filing an appeal. Therefore, the Review Application was dismissed. The Court noted that the introduction of the GST regime allowed registered persons to carry forward unutilized credit of duties/taxes paid under previous taxing statutes. The Court acknowledged the challenges faced by individuals in adapting to the electronic-based tax regime of GST. The Court highlighted that unutilized credit arising from duty/tax paid under previous Acts is a vested right that cannot be taken away on procedural or technical grounds. The Court emphasized that the Respondent authorities cannot deprive Petitioners of their valuable right of credit, especially when they have complete records of registered persons. The Court referenced the judgments of the Hon'ble Gujarat High Court and the Hon'ble Delhi High Court to support its findings. Despite the stay on implementation by the Hon'ble Gujarat High Court, the High Court maintained its judgment and suggested that the Revenue should seek recourse through the Supreme Court by filing an appeal. The Court dismissed the Review Application, upholding its earlier judgment allowing the writ petition to file Form 'TRAN-1' by the extended date. In conclusion, the High Court dismissed the Review Application seeking a review of the final judgment and order dated 18.12.2019, which allowed the writ petition to file Form 'TRAN-1' by the extended date. The Court found no grounds to review its judgment, emphasizing the importance of the vested right of credit for unutilized duties/taxes paid under previous Acts. The Court suggested that the Revenue should pursue the appropriate remedy by approaching the Supreme Court through an appeal.
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