2021 (1) TMI 747 - HC - GST

Permission for withdrawal of petition - Direction to Respondent Authorities to reopen the Form GST TRAN-I and enable the petitioner to file the GST TRAN-1 and transfer the transitional credit into its electronic credit ledger - HELD THAT - Learned counsel appearing on behalf of the petitioner submits that the grievance of the petitioner in connection with availment of ITC has been redressed by giving due credit to the ITC to the petitioner in the Financial Year 2017-18 ending on 30.06.2017 under the VAT Act and CST Act. Upon this, learned counsel for the petitioner seeks permission to withdraw this writ petition. This writ petition is dismissed as withdrawn.

Summary

Issues:
1. Reopening of Form GST TRAN-I for filing transitional credit.
2. Transfer of input tax credit to electronic credit ledger.
3. Permission to file pending returns by setting off un-utilized input tax credit.

Analysis:
1. The petitioner approached the court seeking various reliefs, including the reopening of Form GST TRAN-I to file transitional credit and transfer the credit to the electronic credit ledger. The court noted that a physical demonstration of the GSTN Portal was conducted to understand the petitioner's grievance regarding the denial of transitional credit. The State Tax Officer mentioned that the petitioner had already claimed and utilized the Input Tax Credit (ITC) under the VAT and CST Act for the financial year 2017-18. The court considered the submissions and the redressal of the petitioner's grievance related to ITC under the VAT and CST Act for the specified period.

2. The State Tax Officer confirmed that the entire claim of ITC by the petitioner had been allowed and adjusted against VAT and CST liabilities. The petitioner's counsel acknowledged that the grievance regarding the availment of ITC had been resolved by giving due credit to the petitioner for the financial year ending on 30.06.2017 under the VAT and CST Act. Consequently, the petitioner sought permission to withdraw the writ petition, which was granted by the court. As a result, the court dismissed the writ petition as withdrawn, indicating that the petitioner's concerns regarding the ITC had been addressed satisfactorily.

3. The court's decision to dismiss the writ petition as withdrawn signifies that the petitioner's request for relief regarding the availment and utilization of ITC under the VAT and CST Act for the specified period was resolved to the satisfaction of the petitioner. The acknowledgment by the petitioner's counsel regarding the redressal of the grievance related to ITC indicates a mutual agreement between the parties involved. The court's acceptance of the withdrawal of the petition implies that the petitioner's concerns were adequately addressed through the proper application of the relevant provisions of the VAT and CST Act, leading to the resolution of the dispute regarding the transitional credit and input tax credit transfer.