9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (9) TMI 258 - HC - GSTReopening of common portal to file/rectify TRAN-1 and TRAN-2 - Distribution and/or utilization and/or eligibility of Input Service Distributor (ISD) credit of Service Tax/excise duty - Section 140 of the CGST Act 2017 - HELD THAT - In view of the provisions of CGST Act, the ISD credit ought to have been distributed by the said ISD to its different units/offices before 1.07.2017 and thereafter the transferee unit/offices ought to have filed TRAN-1 to transition the said credit distributed to it by ISD, into their respective ECL. The Hon ble Apex Court, to aid the assessees to overcome the procedural/technical hurdles, by the order UNION OF INDIA ANR. VERSUS FILCO TRADE CENTRE PVT. LTD. ANR. 2022 (7) TMI 1232 - SC ORDER directed the GST Network to open the common portal to file/rectify TRAN-1 and TRAN-2 for a period of two months, i.e., with effect from 1st September, 2022 to 31st October, 2022 to enable the different private parties to avail Transitional Credit. All Petitioners, through their respective units/offices registered under CGST Act and/or State Acts, as the case may be, can avail this window and file GST TRAN-1/revised GST TRAN-1 at the units/offices between 01.09.2022 to 31.10.2022 - petition disposed off.
Issues:
Procedural difficulties in distributing Input Service Distributor (ISD) credit of Service Tax/excise duty under Section 140 of the CGST Act 2017. Detailed Analysis: 1. The primary issue in the present batch of Petitions pertains to the challenges faced in distributing, utilizing, and establishing the eligibility of Input Service Distributor (ISD) credit of Service Tax/excise duty under Section 140 of the CGST Act 2017. The Respondents argue that ISD Credit cannot be directly transitioned into the Electronic Credit Ledger (ECL) under the GST Regime. They contend that the ISD credit should have been distributed by the ISD to its various units/offices before 1.07.2017, and the transferee units/offices should have filed TRAN-1 to transition the credit into their respective ECL post-distribution. 2. The Petitioners assert that they made efforts to distribute and report the ISD credit to their units/offices but faced procedural and functional challenges related to the GST forms and portal. To address such hurdles, the Hon'ble Apex Court, in a previous order dated 22nd July, 2022, directed the GST Network to open the common portal for filing/rectifying TRAN-1 and TRAN-2 for two months starting from 1st September, 2022, to facilitate the availment of Transitional Credit by private parties. 3. In alignment with the Supreme Court's directive, the High Court issued specific directions to enable the Petitioners to address the challenges faced in transitioning ISD credit. The Petitioners, through their registered units/offices under the CGST Act and/or State Acts, were granted a window between 01.09.2022 to 31.10.2022 to file GST TRAN-1/revised GST TRAN-1. The filing was to be based on manual ISD invoices issued by the ISD of the Petitioner, ensuring that the aggregate credit does not exceed the available ISD credit. 4. Furthermore, the Central Board of Indirect Taxes and Customs (CBIC) was instructed to provide clarification within 21 days from the date of the order regarding the distribution/reporting of ISD credit. The concerned officers were given 90 days post-verification to pass appropriate orders on the claim/transitional credit after granting a reasonable opportunity to the involved parties. 5. With the consent of the Counsels, the Petitions were disposed of in accordance with the directives provided, aiming to resolve the procedural challenges and ensure the smooth transition and utilization of ISD credit under the GST regime.
|
