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2020 (3) TMI 1086 - HC - GSTRefusal of the system in uplodading the data to enable the petitioner to claim transitional credit of eligible duties in respect of stock held by the petitioner - Section 140 of Central Goods Service Tax Act, 2017 - HELD THAT - The Nodal Officer, GST Division Range is directed to look into the aforesaid issue so that the petitioner can upload the correct figure and the revised GST-TRAN- 1 form so that he can get the benefit of the input tax credit. Petition disposed off.
Issues:
Refusal of system to upload data for transitional credit claim under Section 140 of CGST Act, 2017. Erroneous uploading of lesser amount hindering petitioner's entitlement to input tax credit. Authorities' lack of cooperation in resolving the issue. Analysis: The judgment by the High Court of Gauhati pertains to a case where the petitioner was facing difficulties in claiming transitional credit of eligible duties due to the system's refusal to upload the correct data. The petitioner claimed an input tax credit of ?13,11,274 on the appointed day, but only ?3,11,274 was uploaded erroneously, depriving the petitioner of the rightful benefit. Despite the petitioner's attempts to rectify the error being declined by the system, the authorities were uncooperative in addressing the issue. The Standing Counsel for Finance and Taxation acknowledged the technical glitch in uploading the correct amount and assured that the matter would be reviewed by the Nodal Officer, GST Division Range. The Court directed the Nodal Officer to investigate the issue and facilitate the petitioner in uploading the accurate figure to enable the revision of the GST-TRAN-1 form for claiming the input tax credit. Consequently, the petition was disposed of based on the submissions and directions provided by the Standing Counsel and the Court. In conclusion, the judgment highlights the importance of addressing technical issues hindering taxpayers from rightfully claiming input tax credits under the GST regime. It underscores the role of authorities in cooperating with taxpayers to resolve such discrepancies and ensures that the legal provisions for transitional credits are effectively implemented to prevent undue financial burdens on taxpayers.
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