9911796707
TMI Blog2022 (8) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... service tax regime, Petitioner had filed the declaration in Form GST TRAN-1 for transitioning the credit of Rs.13,69,01,936/- under Section 140 of the CGST Act within the prescribed time and in the prescribed manner. 3. The transition of the aforesaid CENVAT credit was permitted and the said balance of Rs.13,69,01,936/- got credited to the Electronic Credit Ledger ("ECL") of the ISD registration on the GST common portal. 4. Petitioner issued the invoices to transfer the transitional credit being accumulated ISD credit to its other units and further disclosed the said transfer to the recipient units through Column 9 of Table 8 in Form GST TRAN-1. Basis the same, the respective units availed the input tax credit in its Electronic Credit Led ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST was at the nascent stage of its implementation and there was a prevalent ambiguity with regard to the transitional provisions. 8. The Hon'ble Apex Court to aid the assesses to overcome the procedural technical hurdles in the case of Union of India & Another Vs. Filco Trade Centre Pvt. Ltd. & Another 2022 (7) TMI 1232 and other similar batch of Petitions in relation to the transition of credit from the erstwhile regime to the GST regime by an order dated 22nd July, 2022, has inter alia observed as follows :- "Having heard learned Additional Solicitor General, learned counsel appearing for different States and learned counsel appearing for different private parties and having perused the record, we are of the view that it is just and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce with the order of the Hon'ble Supreme Court of India in Filco Trade (supra). 10. Accordingly, Petitioner's recipient units can file revised declaration in Form GST TRAN-1, either electronically or manually (where electronically is not possible), for taking the credit already distributed to them by the ISD registration of Petitioner by issuing invoices. 11. Once, such a revised declaration is filed by the concerned recipient units of Petitioner, the credit already taken by the said units shall be treated to have been taken validly on the date on which it was originally taken. However, no further credit based on revised declaration in Form TRAN-1 shall be claimed by Petitioner, as the said filing is purely for regularizing the earlier a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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