SC direction to Open GSTN portal available to “any aggrieved assessee”

[CA Bimal Jain]

The Hon’ble Madras High Court in M/S. PROVENTUS LIFE SCIENCES PVT. LTD. VERSUS PRINCIPAL COMMISSIONER & CENTRAL EXCISE, CHENNAI AND OTHERS [2022 (8) TMI 866 - MADRAS HIGH COURT] has clarified that the benefit of the Supreme Court decision directing the Government to open the Goods and Services Tax Network (“GSTN”) portal for taxpayers who wants to avail transitional credit, is available to any aggrieved registered assessee.

Facts:

M/s Proventus Life Sciences Pvt. Ltd (“the Petitioner”) contended that in the light of the recent judgment of the Supreme Court in the case of UNION OF INDIA & ANR. VERSUS FILCO TRADE CENTRE PVT. LTD. & ANR. - 2022 (7) TMI 1232 - SC ORDER, the Petitioner is inclined to avail the benefit extended to all the assessee in the aforesaid order.

Issue:

Whether the Petitioner get benefit of the Supreme Court direction regarding reopening of GSTN portal from September 1, 2022 to October 31, 2022 to enable taxpayers to claim transitional credit?

Held:

The Hon’ble Madras High Court in M/S. PROVENTUS LIFE SCIENCES PVT. LTD. VERSUS PRINCIPAL COMMISSIONER & CENTRAL EXCISE, CHENNAI AND OTHERS [2022 (8) TMI 866 - MADRAS HIGH COURT] has issued a series of directions as extracted below:

• 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. September 1, 2022 to October 31, 2022.
• Considering the judgments of the High Courts, 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 is 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.
• Thereafter, the allowed Transitional credit is to be reflected in the Electronic Credit Ledger.
• If required GST Council may also issue appropriate guidelines to the field formations in scrutinizing the claims.

(Author can be reached at [email protected])