9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 13 - HC - GSTFiling of form GST TRAN-1 - Credit was not claimed - HELD THAT - From the documents placed on record, it emerges that although the Petitioner is entitled to distribute the input tax credit available with it as on 1st July, 2017 amongst its branches/locations, however, the same has not been possible on account of technical problems on the GST network. The input tax credit is lying deposited, and the Petitioner has already manually filed the TRAN-1 Form, which has not been processed effectively. The present factual scenario is similar to that which came up before this Court in THE TYRE PLAZA VERSUS UNION OF INDIA ORS. 2019 (8) TMI 1080 - DELHI HIGH COURT . The Petitioner therein was also unable to file its TRAN-1 Form electronically and ultimately resorted to sending a manual copy of its TRAN-1 Form and the Court directed the Respondents to either open the GST portal or to accept the TRAN-1 Form filed manually by the Petitioner. The present petition deserves to be allowed and accordingly the Respondents are directed to process the TRAN-1 Form filed by the Petitioner manually in accordance with law on or before 30th June, 2021 - Petition allowed.
Issues:
1. Processing of form GST TRAN-1 for input tax credit benefit. Analysis: The judgment pertains to a petition where the petitioner sought a writ of certiorari and directions to process the TRAN-1 Form to avail input tax credit of a specific amount. The petitioner had eligible CENVAT credit but faced technical glitches while filing the form electronically, leading to manual submission later. The court acknowledged the petitioner's efforts and the error in filling the form, recognizing the entitlement to distribute input tax credit among locations. The court referred to precedents where taxpayers facing technical difficulties were granted relief, emphasizing the applicability of Rule 117(1A) in such cases. The court examined the documents provided by the petitioner, noting the attempts made to file the form electronically before resorting to manual submission. It observed that although the form was filed, the petitioner encountered challenges in claiming the credit due to errors in form completion. The petitioner's case involved a centralised registration under the service tax regime, necessitating proper distribution of credit among different locations, which was hindered by technical issues on the GST network. Based on the evidence and legal precedents, the court found the petitioner eligible for relief, akin to other taxpayers facing technical glitches. It directed the respondents to process the manually filed TRAN-1 Form by a specified date, allowing the petitioner to avail the input tax credit and distribute it among locations as per the law. The court emphasized the importance of verifying the claims made by the petitioner before granting the benefit, ensuring compliance with legal provisions and procedural requirements. In conclusion, the court allowed the petition, highlighting the petitioner's entitlement to input tax credit benefit and the necessity for the respondents to facilitate the processing of the TRAN-1 Form. The judgment underscored the importance of addressing technical difficulties faced by taxpayers in transitioning to the GST regime, ensuring that legitimate claims are duly processed and benefits granted in accordance with the law.
|
