9911796707
TMI Blog2019 (11) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... India, the writ petitioner requested the Council to consider its case and to allow the writ petitioner to re-submit FORM G.S.T. T.R.A.N-1 within the extended period in order to enable the writ petitioner - company to carry forward the credit of SAD amount of 22,51,380.21/- in relation to stock of goods lying as on 30th June, 2017, under the transitional provisions of section 140(3) of the Uttar Pradesh Goods Services Tax Rules, 2017. Every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N-1 electronically on the common portal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditional Duty) amounting to ₹ 22,51,380.21/- in respect of goods held in stock as on 30th June, 2017. It is the admitted position that the writ petitioner has already submitted FORM G.S.T. T.R.A.N-1 on 10th October, 2017, to carry forward the credits available to it as on 30th June, 2017. By a letter dated 28th March, 2019, addressed to the Hon'ble Chairman, Goods and Services Tax Council, Government of India, the writ petitioner requested the Council to consider its case and to allow the writ petitioner to re-submit FORM G.S.T. T.R.A.N-1 within the extended period in order to enable the writ petitioner - company to carry forward the credit of SAD amount of ₹ 22,51,380.21/- in relation to stock of goods lying as on 30th June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 may revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N.-1 electronically on the Common Portal within the period specified in the said rules or such further period as may be extended by the Commissioner in this behalf.]" The other rule which we need to take notice of is Rule 117 of the Uttar Pradesh Goods & Services Tax Rules, 2017, which reads as follows; "117. Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day.-(1) Every registered person entitled to take credit of input tax under Section 140 shall, within ninety days of the appointed day, submit a declaration electronically in FORM G.S.T. T.R.A.N.-1, duly signed, on the Common Portal s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following particulars in respect of every item of capital goods as on the appointed day- (i) the amount of tax or duty availed or utilised by way of input tax credit under each of the existing laws till the appointed day; and (ii) the amount of tax or duty yet to be availed or utilised by way of input tax credit under each of the existing laws till the appointed day; (b) in the case of a claim under sub-section (3) or Clause (b) of sub- section (4) or sub-section (6) or sub-section (8) of Section 140, specify separately the details of stock held on the appointed day; (c) in the case of a claim under sub-section (5) of Section 140, furnish the following details, namely: (i) the name of the supplier, serial number and date of issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate and shall be credited after the State tax payable on such supply has been paid: Provided that where integrated tax is paid on such goods, the amount of credit shall be allowed at the rate of thirty per cent and twenty per cent, respectively of the said tax; (iii) The scheme shall be available for six tax periods from the appointed date. (b) The credit of State tax shall be availed subject to satisfying the following conditions, namely: (i) such goods were not wholly exempt from tax under the (Name of the State) Value Added Tax Act; .... (ii) the document for procurement of such goods is available with the registered person; [(iii) the registered person availing of this scheme and having furnished the details of stock held by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... beyond the time-frame provided under Rule 117 of the Uttar Pradesh Goods & Services Tax Rules, 2017. The period of extension has been statutorily circumscribed at 90 days and that too is possible only on the recommendation of the Council. If we are to assume that the Commissioner while exercising his powers under Rule 120-A of the Uttar Pradesh Goods & Services Tax Rules, 2017 can extend the time period for the purpose of filing of a revised declaration by a registered person in FORM G.S.T. T.R.A.N-1 for an unlimited or an indefinite period, it would simply mean that any registered person can avail the benefit of filing a revised declaration in FORM G.S.T. T.R.A.N-1 for an unlimited or indefinite period of time after submitting a declara ..... X X X X Extracts X X X X X X X X Extracts X X X X
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