Seeks to notify special procedure to be followed by a registered person for filing appeal (manual filing of application) against the order passed by the proper officer u/s 73 or 74 of the Act regarding TRAN-1 and TRAN-2 filed pursuant to the directions of the Hon’ble Supreme Court in the case of Union of India v/s Filco Trade Centre Pvt. Ltd., SLP(C) No.32709-32710/2018 - 1486-FT - West Bengal SGST

GOVERNMENT OF WEST BENGAL FINANCE DEPARTMENT NOTIFICATION No. 1486-F.T. Dated, Howrah, the 24th day of August, 2023 [Corresponding Central Notification No. 29/2023-Central Tax] In exercise of the powers conferred by section 148 of the West Bengal Goods and Services Tax Act, 2017 (West Ben. Act XXVIII of 2017) (hereinafter referred to as the said Act), the Governor, on the recommendations of the Council, is pleased hereby to notify the following special procedure to be followed by a registered person or an officer referred to in sub-section (2) of Section 107 of the said Act who intends to file an appeal against the order passed by the proper officer under section 73 or 74 of the said Act in accordance with Trade Circular No. 14/2022, dated 14.11.2022 pursuant to the directions of the Hon ble Supreme Court in the case of Union of India v/s Filco Trade Centre Pvt. Ltd., SLP(C) No.32709-32710/2018. 2. An appeal against the order shall be made in duplicate in the Form appended to this notification at ANNEXURE-1 and shall be presented manually before the Appellate Authority within the time specified in sub-section (1) of section 107 or sub-section (2) of section 107 of the said Act, as the case may be, and such time shall be computed from the date of issuance of this notification or the date of the said order, whichever is later: Provided that any appeal against the order filed in accordance with the provisions of section 107 of the said Act with the Appellate Authority before the issuance of this notification, shall be deemed to have been filed in accordance with this notification. 3. The appellant shall not be required to deposit any amount as referred to in sub-section (6) of section 107 of the said Act as a pre-condition for filing an appeal against the said order. 4. An appeal filed under this notification shall be accompanied by relevant documents including a self-certified copy of the order and such appeal and relevant documents shall be signed by the person specified in sub-rule (2) of rule 26 of West Bengal Goods and Services Tax Rules, 2017. 5. Upon receipt of the appeal which fulfills all the requirements as provided in this notification, an acknowledgement, indicating the appeal number, shall be issued manually in FORM GST APL-02 by the Appellate Authority or an officer authorised by him in this behalf and the appeal shall be treated as filed only when the aforesaid acknowledgement is issued. 6. The Appellate Authority shall, along with its order, issue a summary of the order in the Form appended to this notification as ANNEXURE-2. 7. This notification shall be deemed to have come into force with effect from the 31st day of July, 2023. By order of the Governor, MALAY GHOSH, IAS OSD Ex-officio Secretary to the Government of West Bengal ANNEXURE-1 Appeal to Appellate Authority ( Filed against an order passed in accordance with Trade Circular No. 14/2022, dated 14.11.2022 pursuant to the directions issued by the Hon ble Supreme Court in the Union of India v/s Filco Trade Centre Pvt. Ltd., SLP(C) No.32709-32710/2018 ) 1. GSTIN 2. Legal name of the appellant 3. Trade name, if any 4. Address 5. Order No. - Order dated 6. Designation of the officer passing the order appealed against 7. Date of communication of the order appealed against 8. Name of the authorized representative 9. Details of the case under dispute (i) Brief issue of the case under dispute (ii) Amount of transitional credit claimed before the issuance of Trade Circular no. 14/2022, dated 14.11.2022 (Act-wise) (iii) Details of any order u/s 73/74 passed in respect of the claim referred to in sub-item (ii) above: (a) Order No. - Order dated- (b) Amount allowed as per said order (Act-wise)- Rs. (c) Interest and penalty levied as per said order (Act-wise)- Rs. (d) Whether any appeal preferred against said order- Yes/No (e) If appeal filed then Appeal No.- Appeal Date- (f) Status of said Appeal- Disposed/Pending (g) If appeal disposed off then amount of credit allowed as per said Appeal (Act-wise)- Rs. (iv) Amount of transitional credit claimed after the issuance of Trade Circular no. 14/2022, dated 14.11.2022 (Act-wise) (v) Amount of credit allowed in pursuance of claim referred to in sub-item (iii) above (Act-wise)- Rs. (vi) Amount under dispute (Act-wise)- Rs. 10. Whether the appellant wishes to be heard in person Yes / No 11. Statement of facts: 12. Grounds of appeal: 13. Prayer: Verification I, _________________________ , hereby solemnly affirm and declare that the information given hereinabove is true and correct to the best of my knowledge and belief and nothing has been concealed therefrom. Place: Date: Signature Name of the Applicant Note: 1. If the space provided for answering any item is found to be insufficient, separate sheets may be used. 2. The letters N.A. may be recorded against any item that is not required for this Appeal. ANNEXURE-2 SUMMARY OF TRANSITIONAL CREDIT AVAILABLE AFTER ISSUE OF ORDER BY THE APPELLATE AUTHORITY WITH REFERENCE TO AN ORDER PASSED IN ACCORDANCE WITH TRADE CIRCULAR NO. 14/2022, dated 14.11.2022 A. GSTIN - B. Name of the Appellant/ person- Address of the Appellant/person - C. Order appealed against- Ref. (if any) Dated- D. Appeal No. Dated- E. Personal Hearing- F. Order in Brief- G. Status of Order- Confirmed/Modified/Rejected H. Amount of Credit/ Demand after Appeal- Particulars Central Tax State/UT Tax a) Amount of transitional credit found to be admissible pursuant to order of the Proper Officer b) Amount determined by Appellate Authority Place: Date: Signature: Name of the Appellate Authority: Designation: Jurisdiction: