9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 198 - HC - GSTUnable to upload FORM GST TRAN-1 and FORM GST TRAN-2 - input tax credit - migration to GST Regime - N/N. 48/2018 Central Tax, New Delhi dated 10.09.2018 - Held that - Admittedly, the petitioner has an opportunity to upload its FORM GST TRAN-1 and FORM GST TRAN-2 at Annexures-G and H of the Writ Petition on the official website of the GST Council on or before 31.03.2019, and therefore, to this extent the relief prayed for in this writ petition stands granted by the GST Department extending the period for submitting the declaration upto 31.03.2019. The present writ petition is disposed of as infructuous, with a liberty and direction to the petitioner-assessee to upload the said FORM GST TRAN-1 and FORM GST TRAN-2 on the official website of the GST Council on or before 31.03.2019, in accordance with law.
Issues:
Extension of deadline for submitting declaration electronically in FORM GST TRAN-1 and FORM GST TRAN-2 under the Central Goods and Services Tax Rules, 2017. Analysis: The judgment delivered by the High Court of Karnataka pertains to the extension of the deadline for submitting declarations electronically under the Central Goods and Services Tax Rules, 2017. The court noted that in response to the notice issued by the court, the respondent-Department produced Notification No.48/2018 dated 10.09.2018, which amended the rules. The notification allowed an extension for submitting the declaration electronically in FORM GST TRAN-1 by a further period not beyond 31st March, 2019, for registered persons facing technical difficulties on the common portal. Additionally, the notification permitted the submission of the statement in FORM GST TRAN-2 by 30th April, 2019, for those who filed the declaration under the extended timeline. The court acknowledged that the petitioner had the opportunity to upload FORM GST TRAN-1 and FORM GST TRAN-2 on the official website of the GST Council by 31.03.2019, as per the notification. Consequently, the relief sought by the petitioner in the writ petition was considered granted by the GST Department due to the extension of the submission deadline. As a result, the court disposed of the writ petition as infructuous, with the liberty and direction given to the petitioner-assessee to upload the required forms on the GST Council's official website by the extended deadline in compliance with the law. In conclusion, the judgment addressed the issue of the extension of the deadline for submitting declarations electronically under the Central Goods and Services Tax Rules, 2017, as per Notification No.48/2018. The court recognized the relief provided by the GST Department through the notification and directed the petitioner to adhere to the extended deadline for uploading the necessary forms on the GST Council's website.
|
