9911796707
TMI BlogGuidelines for verifying the Transitional Credit in light of the order of the Hon’ble Supreme Court in Union of India vs. Fileo Trade Centre Pvt. Ltd., SLP(C) No. 32709- 32710/2018, dated 22.07.2022 & 02.09.2022X X X X Extracts X X X X X X X X Extracts X X X X ..... o months i.e. w.e.f. 01.09.2022 to 31.10.2022. 2. Considering the judgments of the High Courts on the then prevailing peculiar circumstances, any aggrieved 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 thereafterto 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 may also issue appropriate guidelines to the field formations in scrutinizing the claims. The Special Leave Petitions are disposed of accordingly. Pending applications, if any, also stand disposed of." 1.2. Subsequently in Miscellaneous Application No. 1545-1546/2022 in SLP(C) No. 32709-32710/2018, Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k-office systems (which is the CBIC-AIO portal for the Central Tax officers, the respective State portal for MODEL-1 States and BO portal for MODEL-2 States). Further, a self-certified downloaded copy of FORM GST TRAN-1/ TRAN-2 filed/revised by the applicant shall also be made available to the jurisdictional tax officer by the said applicant as mentioned in Para 4.5 of Commissioner of Commercial Taxes Circular No. GST- 14/2022 dated: 12-09-2022. 5.2. The verification of the transitional credit shall be conducted by the jurisdictional tax officer who will pass an appropriate order regarding the veracity of the claim filed by the applicant, based on all the facts and the provisions of the law. In respect of FORM GST TRAN-1/TRAN-2 filed/revised by the applicant under the administrative control of the state tax authorities, such verification and issuance of order shall be done by the jurisdictional officer of State tax, whereas in respect of FORM GST TRAN-1/TRAN-2 filed/revised by the applicant under the administrative control of the central tax authorities, the same shall be done by the jurisdictional officer of central tax. The jurisdictional tax officer shall start the verification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te tax as well as central tax referred in Para 6.1 below through his official email ID or physically. Similar action, as above, shall also be taken by the jurisdictional central tax officers in cases where the applicant is under the jurisdiction of central tax officer and where the transitional credit claimed has component of State tax also. 5.3.3. The jurisdictional tax officer shall, in parallel, continue the verification of the remaining portion of the transitional credit at his end. 5.3.4 The jurisdictional tax officer shall also receive the requests for verification of transitional credit claimed under the SGST Act from the counterpart central jurisdictional officers. The jurisdictional officer shall verify the transitional credit claimed under the SGST head pertaining to taxable persons originating in his office as well as received from the counterpart central jurisdictional officers, by referring to the guidelines detailed in Annexure I of this circular. While conducting the verification, the officer must also check whether any adjudication or appeal proceedings in FORM GST TRAN-1/TRAN-2 related matter are pending/ concluded against the applicant. In such cases, where any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e jurisdictional tax officer finds that the transitional credit claimed by the applicant is partly or wholly inadmissible as per the provisions of the Act and the rules thereof, then a notice shall be issued by the jurisdictional tax officer to the applicant preferably within a period of seven days from the receipt of report from the counterpart officer, seeking explanation of the applicant as to why the said credit claimed by him should not be denied wholly/partly, as the case may be. The applicant shall also be provided an opportunity of personal hearing by the jurisdictional tax officer in such cases. If required, the jurisdictional tax officer may seek comments of the counterpart officer on the submissions made by the applicant in so far as the said submission relates to the tax (State or central) being administered by such counterpart officer. 5.3.8 After considering the facts of the case, including verification report received from the counterpart officer, submissions made by the applicant and the comments, if any, of the counterpart officer on the same, the jurisdictional tax officer shall proceed to pass a reasoned order, preferably within a period of fifteen days from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
