2022 (8) TMI 48 - HC - GST

Transitional Credit - filing of form TRAN 1 and TRAN 2 - HELD THAT - The Hon ble Supreme Court in a recent decision in the case of UNION OF INDIA ANR. VERSUS FILCO TRADE CENTRE PVT. LTD. ANR. 2022 (7) TMI 1232 - SC ORDER has issued comprehensive direction with regard to availing of transitional credit through TRAN 1 and TRAN 2, where it was 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. In the light of the above direction issued by the Hon ble Supreme Court, no orders are required in this appeal - appeal disposed off.

Summary

Issues:
1. Application for condonation of delay in filing the appeal.
2. Appeal by the revenue challenging an order related to availing transitional credit under GST.

Analysis:
1. The judgment addressed an application (I.A. CAN 1 of 2022) seeking condonation of a delay of 643 days in filing the appeal. The court, comprising Hon'ble Mr. Justice T. S. Sivagnanam and Hon'ble Mr. Justice Bivas Pattanayak, considered the reasons provided in the affidavit supporting the application. Despite finding the reasons not very convincing, the court exercised discretion based on a reasoned order passed by the Hon'ble Supreme Court on 22nd July, 2022, and consequently condoned the delay, allowing the application.

2. The second issue involved an appeal (M.A.T. No.16 of 2022) by the revenue challenging an order related to availing transitional credit under GST. The appeal was directed against an order passed by the Learned Single Bench on 4th March, 2020. The judgment highlighted a recent decision by the Hon'ble Supreme Court in a specific case concerning transitional credit through forms TRAN-1 and TRAN-2. The Supreme Court issued comprehensive directions, including the opening of a common portal by GSTN for filing the relevant forms, allowing registered assessees to file or revise forms, ensuring no technical glitches, providing officers 90 days to verify claims, reflecting allowed transitional credit in the Electronic Credit Ledger, and possible issuance of guidelines by the GST Council. In light of these directions, the appeal and connected application were disposed of accordingly, aligning with the Supreme Court's order.

This detailed analysis of the judgment from the Calcutta High Court provides insights into the court's considerations regarding the delay in filing the appeal and the implications of the Supreme Court's directions on availing transitional credit under GST.