2022 (9) TMI 1193 - HC - GST

Seeking grant of further time to the petitioners to file revised Form GST TRAN-1 and TRAN-2 or to file fresh Form GST TRAN-1 and TRAN-2 - transitional credit - HELD THAT - The issue decided in the case of UNION OF INDIA ANR. VERSUS FILCO TRADE CENTRE PVT. LTD. ANR. 2022 (7) TMI 1232 - SC ORDER 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. Learned counsel for the parties are in agreement that the above direction of the Supreme Court sufficiently covers the interest of the petitioners. No grievance of the petitioners subsist thereafter. The Writ Petitions are disposed of.

Summary

Issues:
Seeking direction for further time to file revised Form GST TRAN-1 and TRAN-2 or file fresh forms.

Analysis:

The High Court heard a bunch of writ petitions where petitioners requested more time to file revised Form GST TRAN-1 and TRAN-2 or submit fresh forms. The Court noted that the Supreme Court had already addressed the issue in Union of India v. Filco Trade Centre Pvt. Ltd. 2022 SCC OnLine SC 912. The Supreme Court directed the Goods and Service Tax Network (GSTN) to open a common portal for filing forms for availing Transitional Credit for two months. It allowed aggrieved registered assesses to file or revise forms, ensuring no technical glitches during the process. The concerned officers were given 90 days to verify claims and pass appropriate orders, with the Transitional credit to be reflected in the Electronic Credit Ledger. The GST Council may issue guidelines for scrutinizing claims. The parties' counsels agreed that the Supreme Court's directions adequately addressed the petitioners' concerns, leading to the disposal of the writ petitions without costs. Any pending miscellaneous applications in these writ petitions were also closed.