2022 (7) TMI 1232 - SCH - GST

Reopening of portal for filing of forms TRAN-1 and TRAN-2 - transitional credit - HELD THAT - Goods and Service Tax Network (GSTN) is directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 01.09.2022 to 31.10.2022. Any aggrieved registered assessee is directed to file the relevant form or revise the already filed form irrespective of whether the taxpayer has filed writ petition before the High Court or whether the case of the taxpayer has been decided by Information Technology Grievance Redressal Committee (ITGRC) - GSTN has to ensure that there are no technical glitch during the said time. The concerned officers are given 90 days thereafter to verify the veracity of the claim/transitional credit and pass appropriate orders thereon on merits after granting appropriate reasonable opportunity to the parties concerned - the allowed Transitional credit is to be reflected in the Electronic Credit Ledger. SLP disposed off.

Summary

Issues:
1. Transitional credit under Goods and Service Tax Network (GSTN) for registered assesses.
2. Filing of relevant forms for availing Transitional Credit through TRAN-1 and TRAN-2.
3. Technical glitches during the filing period.
4. Verification process by concerned officers for transitional credit claims.
5. Reflecting allowed Transitional credit in the Electronic Credit Ledger.
6. Issuance of guidelines by GST Council for scrutinizing claims.

Analysis:
1. The Supreme Court directed the Goods and Service Tax Network (GSTN) to open a common portal for filing forms for availing Transitional Credit through TRAN-1 and TRAN-2 for a specific period of two months starting from September 1, 2022, to October 31, 2022.

2. In light of judgments by High Courts and prevailing circumstances, any aggrieved registered assessee was mandated to file or revise the relevant form, regardless of whether they had filed a writ petition before the High Court or if their case had been decided by the Information Technology Grievance Redressal Committee (ITGRC).

3. GSTN was instructed to ensure the absence of technical glitches during the specified filing period to facilitate a smooth process for taxpayers.

4. Concerned officers were granted a 90-day period post-filing to verify the veracity of transitional credit claims and make appropriate decisions after providing a reasonable opportunity to the parties involved.

5. Allowed Transitional credit was to be accurately reflected in the Electronic Credit Ledger after the verification process was completed satisfactorily.

6. The GST Council was authorized to issue necessary guidelines to field formations for scrutinizing and processing the claims effectively. The Special Leave Petitions were disposed of accordingly, and any pending applications were also resolved as part of the judgment.