2018 (8) TMI 1735 - HC - GST

Unable to upload FORM GST TRAN-1 within the stipulated time - Held that - The Government of India issued a circular for setting up an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal - the petitioner may apply to the Nodal Officer. The petitioner applying the Nodal Officer will look into the issue and facilitate the petitioner s uploading FORM GST TRAN-1 without reference to the time-frame - petition disposed off.

Summary

Issues:
1. Failure to upload FORM GST TRAN-1 within stipulated time due to system error.
2. Seeking directions for taking credit of available input tax.
3. Applicability of circular on IT Grievance Redressal Mechanism for addressing technical glitches on GST Portal.
4. Previous instances of similar technical glitches and resolution by the Court.
5. Directions for the petitioner to apply to the Nodal Officer for issue resolution.

Analysis:

1. The petitioner, a company transitioning to the Goods and Services Tax regime, failed to upload FORM GST TRAN-1 within the required timeframe due to a system error. Consequently, the petitioner seeks directions to utilize the input tax credit available at the time of migration.

2. The Court considered a circular issued by the Government of India regarding an IT Grievance Redressal Mechanism for addressing taxpayer grievances arising from technical glitches on the GST Portal. The circular outlines the procedure for taxpayers to follow in case of demonstrable glitches preventing compliance with legal processes on the Common Portal.

3. Not only the petitioner but also other individuals faced similar technical glitches and approached the Court for resolution. Previous instances saw the Court permitting petitioners to apply to the Nodal Officer for issue resolution. In line with this precedent, the Court directed the petitioner to apply to the Nodal Officer, who will facilitate the uploading of FORM GST TRAN-1 without strict adherence to the time-frame.

4. The Court further specified that if the petitioner applies within two weeks of the judgment, the Nodal Officer must review the application promptly and take necessary steps within a week thereafter. In cases where uploading FORM GST TRAN-1 becomes impossible due to reasons beyond the petitioner's control, the authority should enable the petitioner to claim credit for the available input tax during migration.

5. With these directions, the Court disposed of the Writ Petition, providing a clear pathway for the petitioner to address the technical glitch and access the input tax credit rightfully available during the transition to the Goods and Services Tax regime.