Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases GST GST + HC GST - 2022 (12) TMI HC This

  • Login
  • Cases Cited
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2022 (12) TMI 811 - HC - GST


Issues Involved:
- Resolution of issues in a writ petition based on the Supreme Court judgment dated 29.08.2018 regarding Transitional Credit under Goods and Service Tax Network (GSTN).

Analysis:
The High Court's judgment pertains to resolving issues raised in a writ petition in light of the directions given by the Supreme Court in a specific judgment dated 29.08.2018. The Supreme Court directed the Goods and Service Tax Network (GSTN) to open a common portal for filing forms for availing Transitional Credit through TRAN-1 and TRAN-2 for a specified period from 01.09.2022 to 31.10.2022. Additionally, the Supreme Court directed that any aggrieved registered assessee should file the relevant form or revise the already filed form, regardless of whether they had approached the High Court or the Information Technology Grievance Redressal Committee (ITGRC).

Furthermore, the GSTN was instructed to ensure the absence of technical glitches during the specified period. The concerned officers were granted 90 days after the filing period to verify the transitional credit claims and pass appropriate orders after providing a reasonable opportunity to the parties involved. The allowed Transitional credit was to be reflected in the Electronic Credit Ledger post verification. The GST council was also empowered to issue guidelines to field formations for scrutinizing the claims if necessary.

The writ petition in question was disposed of as the opportunity to file the TRAN-1 and TRAN-2 Forms had been extended until 30.11.2022, following Circular No.180/12/2022-GST dated 09.09.2022. Consequently, the grievance raised by the petitioner was considered addressed, leading to the disposal of the writ petition and associated stay application.

 

 

 

 

Quick Updates:Latest Updates