2022 (1) TMI 188 - HC - GST

Utilization of accumulated Input Tax Credit - request to furnish a copy of the revised form TRAN-1 that was filed by the petitioner - HELD THAT - Since the petitioner's representation to the jurisdictional respondent namely, first respondent herein has remained unaddressed so far, this Writ Petition is disposed by directing the first respondent to respond to the representation dated 25.06.2020 within a period of 30 days from the date of receipt of a copy of this order. Petition disposed off.

Summary

Issues:
1. Petitioner's claim for correction in TRAN-1 under CGST/TNGST Act.
2. Respondents' failure to allow corrections in TRAN-1.
3. Petitioner's inability to utilize accumulated Input Tax Credit under TNVAT Act.
4. Lack of response to petitioner's representations.
5. Direction to respondents to respond to petitioner's representation.

Analysis:

1. The petitioner filed a TRAN-1 under Section 140 of the CGST/TNGST Act in August 2017, highlighting errors. Subsequently, a revised TRAN-1 was submitted in November 2017. However, the respondents have not permitted the corrections, leading to the petitioner's inability to utilize accumulated Input Tax Credit under the TNVAT Act, 2006, which was meant for discharging tax liabilities under the new regime.

2. The counsel for the petitioner emphasized that despite several representations made by the petitioner, there has been no response from the respondents. The latest representation to the first respondent was dated 25.06.2020. Additionally, the petitioner resorted to the RTI Act to obtain a copy of the rejected revised form TRAN-1 filed on 16th November 2017.

3. Due to the lack of response from the jurisdictional respondent (first respondent), the High Court directed the first respondent to address the petitioner's representation dated 25.06.2020 within 30 days from the receipt of the court's order. This step aims to ensure a timely and appropriate response to the petitioner's concerns and requests for correction in the TRAN-1 filing.

4. Consequently, the Writ Petition was disposed of with the mentioned directions, emphasizing the need for the first respondent to engage with the petitioner's representations promptly. The judgment did not impose any costs on either party, focusing primarily on resolving the issue at hand and facilitating the petitioner's access to the necessary corrections and Input Tax Credit benefits.

This detailed analysis of the judgment from the Madras High Court underscores the importance of addressing taxpayer grievances promptly and ensuring the proper utilization of tax credits under the relevant legislative framework.