9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 1174 - HC - GSTTransitional credit (ITC) - CENVAT Credit - amendment effected to Section 140 of the Central Goods and services Tax Act, 2017, and the Karnataka Goods and Services Tax Act, 2017, by Section 128 of the Finance Act, 2020 - prospective effect or not - permission to Petitioner to file a revised form GST TRAN-1 either on the common portal or manually to claim the balance of transitional credit - submission of revised form GST TRAN-1 - extension of time limit for filing revised Form GST TRAN-1 - refund of CENVAT credit by way of cash or by way of credit in the Electronic Cash Ledger. HELD THAT - The issue in controversy involved in the present petition is directly and squarely covered by the decision of the Hon ble Division Bench this Court rendered in UNION OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, THROUGH ITS SECRETARY (REVENUE) VERSUS M/S ASAID PAINTS LIMITED 2021 (3) TMI 953 - KARNATAKA HIGH COURT where it was held that insertion of sub-rule (1A) to Rule 117 with effect from 10.09.2018 was effected. Even thereafter, the sub-rule was amended not once, but thrice so as to extend the time from 31.03.2019 to 31.03.2020 and ultimately, it was extended to 31.08.2020. The last extension upto 31.08.2020 was in exercise of the powers conferred under Section 168A of the Act by insertion of Section 117(1A) of the Act by way of an amendment. This was on the recommendation of the GST Council whereby, earlier Notification No.35/2020-CT dated 03.04.2020 was amended. This was done by extending the time period granted upto 30.06.2020 by the Notification dated 03.04.2020 issued in the interregnum. Petitioner is permitted to file the revised TRAN-1 either mechanically or manually or physically within a period of two months from the date of receipt of a copy of this order - petition disposed off.
Issues:
Petitioner seeks to set aside a communication, declare the nature of an amendment, file a revised form GST TRAN-1, extend the time limit, and seek a refund. The main issue involves the interpretation of the amendment to Section 140 of the Central Goods and Services Tax Act, 2017, and the Karnataka Goods and Services Tax Act, 2017, and the right to claim transitional credit. Analysis: The petitioner sought various reliefs, including setting aside a communication, declaring the prospective nature of an amendment, and seeking the ability to file a revised form GST TRAN-1 to claim transitional credit. The petitioner also requested the court to extend the time limit for filing the revised form and alternatively refund the transitional credit amount. The court heard arguments from both parties and considered relevant material on record. The petitioner's counsel contended that the issue in question was covered by a decision of the Hon'ble Division Bench of the Court and was also upheld by the Apex Court in a related case. The Apex Court's order directed the Goods and Service Tax Network (GSTN) to open a common portal for filing forms for availing Transitional Credit for a specified period. It also allowed aggrieved registered assesses to file or revise forms, ensuring no technical glitches, and provided a timeframe for verification and reflection of allowed Transitional credit. In response, the respondents' counsel did not dispute that the issue was covered by the decision in the related case. Considering the facts and circumstances, the court deemed it appropriate to dispose of the petition in line with the decisions of the Court and the Apex Court mentioned earlier. Consequently, the court disposed of the petition in terms of the mentioned decisions and permitted the petitioner to file the revised TRAN-1 within a specified period. In conclusion, the court's order disposed of the petition based on previous decisions and allowed the petitioner to file the revised form within a specified timeframe. The judgment provided clarity on the interpretation of the amendment and the process for claiming transitional credit under the GST Acts.
|
