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2021 (3) TMI 1078 - HC - GSTPermission to file TRAN-1 statutory form either electronically or manually or for revising the form submitted earlier electronically or manually - extension of time limit prescribed under rule 117 of CGST Rules read with Section 140 of CGST Act 2017 - Carry forward of ineligible credit - HELD THAT - This court in the case of Asiad Paints Limited v. Union of India 2019 (12) TMI 464 - KARNATAKA HIGH COURT has allowed the petitions involving the same questions and that therefore the present petitions are also to be allowed in terms of the directions passed in the mentioned writ petitions. The writ petitions are allowed directing the respondents to permit the petitioners to file/revise the TRAN-1 either electronically or manually on or before 31.03.2021.
Issues:
Petition seeking direction to permit filing/revision of TRAN-1 form under CGST Act, 2017 to carry forward unutilized credit of duty. Analysis: The petitioners, registered dealers under the CGST Act, 2017, sought direction to file/revise the TRAN-1 form electronically or manually to carry forward unutilized duty credit to the common portal under relevant tax laws. Citing a previous judgment in a similar case, the petitioners argued for the same relief. The order dated 19.11.2019, which was upheld by a division bench, affirmed the petitioners' right to file/revise the form. The revenue counsel did not contest this position, leading to the conclusion that the present writ petitions should be allowed based on the previous order. The court acknowledged that while the division bench had upheld the single judge's order, the official release of the judgment was pending. To avoid delays, the court decided to dispose of the present writ petitions based on the order dated 19.11.2019 issued by the single judge. Consequently, the court allowed the writ petitions, directing the respondents to permit the petitioners to file/revise the TRAN-1 form electronically or manually by 31.03.2021. However, the respondents were granted the liberty to verify the genuineness of the petitioners' claims in accordance with the law.
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