2022 (8) TMI 866 - HC - GST

Transitional credit - direction to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 - HELD THAT - It is directed that any aggrieved registered assessee' to file a form seeking Transitional credit or revision thereof. Writ petition disposed off.

Summary

Issues involved:
Interpretation of recent judgment by the Hon'ble Supreme Court regarding Transitional Credit under Goods and Service Tax (GST) regime.

Analysis:

The judgment delivered by the High Court of Madras pertains to a case where the petitioner expressed their intention to avail the benefit extended to assesses in a recent judgment of the Hon'ble Supreme Court. The Supreme Court had issued several directions in the case of Union of India and another V. Filco Trade Centre Pvt. Ltd., including the opening of a common portal by Goods and Service Tax Network (GSTN) for filing forms related to Transitional Credit through TRAN-1 and TRAN-2 for a specified period. The Court directed that any aggrieved registered assessee could file relevant forms or revise already filed forms, irrespective of their involvement in ongoing legal proceedings or decisions by the Information Technology Grievance Redressal Committee (ITGRC).

Furthermore, the GSTN was instructed to ensure the absence of technical glitches during the specified period, and concerned officers were given 90 days to verify claims and pass appropriate orders. The allowed Transitional credit was to be reflected in the Electronic Credit Ledger, with the possibility of the GST Council issuing guidelines for scrutinizing claims. Specifically, direction No.2 allowed any aggrieved registered assessee to seek Transitional credit or revise their claims.

Consequently, the Writ Petition in question was disposed of in acknowledgment of the petitioner's intent to avail the benefits outlined in the Supreme Court judgment. The connected writ miscellaneous petition was closed without imposing any costs on the parties involved.