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TMI Blog2022 (8) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... Transitional Credit through TRAN-1 and TRAN-2 for two months, i.e., with effect from 1st September, 2022 to 31st October, 2022 - Once, the credit taken by the respective units is regularized by filing revised electronic or manual declaration (as the case may be) in Form GST TRAN-1, the credit balance shown in Electronic Credit Ledger of Petitioner being the balance of ISD credit transitioned shall be deemed to have lapsed/deleted. Petition disposed off. - WRIT PETITION NO.2168 OF 2021 - - - Dated:- 29-8-2022 - K.R. SHRIRAM A.S. DOCTOR, JJ. Mr. Jitendra Motwani, Mr. Chirag Shetty, Mr. Rizwan Khatri for Petitioner. Mr. Ram Ochani for Respondents. P.C. : 1. The Petition is filed in relation to the objections rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm GST TRAN-1 as ISD is not eligible to carry forward its balance credit to electronic credit ledger under Section 140(1) of the CGST; (ii) Migration of ISD registration from the existing law to the GST regime as an ISD is prohibited under GST; and (iii) the ISD has transitioned credit with respect to invoices which were not received by it prior to 30th June, 2017. 6. It is Petitioner s case that there is no dispute with regard to the eligibility of Petitioner to the claim and/or transition the aforesaid Credit. The entire dispute only pertains to the procedure for transition of the said CENVAT credit being balance of the ISD credit and its distribution to the other units of Petitioner. It is not the case of the department, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered assessee is directed to file the relevant form or revise the already filed form irrespective of whether the taxpayer has filed writ petition before the High Court or whether the case of the taxpayer has been decided by Information Technology Grievance Redressal Committee (ITGRC). 3. GSTN has to ensure that there are no technical glitch during the said time. 4. The concerned officers are given 90 days thereafter to verify the veracity of the claim/transitional credit and pass appropriate orders thereon on merits after granting appropriate reasonable opportunity to the parties concerned. 5. Thereafter, the allowed Transitional credit is to be reflected in the Electronic Credit Ledger. 6. If required GST Council ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rlier. 13. Once, the credit taken by the respective units is regularized by filing revised electronic or manual declaration (as the case may be) in Form GST TRAN-1, the credit balance shown in Electronic Credit Ledger of Petitioner being the balance of ISD credit transitioned shall be deemed to have lapsed/deleted. 14. Respondents and the authorities concerned shall not proceed to adjudicate the above impugned Show Cause Notice issued to Petitioner for transition of ISD credit balance and its subsequent distribution. 15. Liberty to Petitioner to raise all other issues/contentions/reliefs raised in this Writ Petition in the appropriate proceedings at appropriate time, if need arises. 16. Petition disposed. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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