Facts of the Case
The petitioners approached the High Court in separate writ
petitions concerning difficulties in filing or revising Form GST TRAN-1 for
availing transitional credit under the GST regime.
In some cases, the petitioners could not file TRAN-1 within
the prescribed time because of technical glitches on the GST Portal. In other
cases, the petitioners had submitted TRAN-1 within time but subsequently
discovered mistakes in the forms and sought permission to file revised TRAN-1.
Such permission was denied, leading to the filing of the writ petitions.
During the hearing, learned Senior Counsel for the petitioners
placed before the High Court the Supreme Court’s order dated 22 July 2022
passed in Special Leave to Appeal (C) Nos. 32709–32710 of 2018. The petitioners
relied upon the Supreme Court’s general directions requiring the common GST
Portal to be opened for filing or revising forms relating to transitional
credit.
Issues Involved
The principal issues before the High Court were:
- Whether
taxpayers who could not file TRAN-1 within the prescribed period because
of technical glitches on the GST Portal could be permitted to file the
form subsequently.
- Whether
taxpayers who had filed TRAN-1 within time but committed mistakes could be
permitted to revise the already-filed form.
- Whether
separate directions were still required from the High Court after the
Supreme Court had issued general directions applicable to aggrieved
registered assessees for filing or revising TRAN-1 and TRAN-2.
- Whether
the petitioners could avail the common portal window directed by the
Supreme Court irrespective of their individual litigation status.
Petitioners’ Arguments
The petitioners contended that their transitional credit
claims should not be defeated merely because TRAN-1 could not be filed within
time due to technical glitches in the GST Portal.
The petitioners further submitted that, where TRAN-1 had
already been filed within time but contained mistakes, they should be permitted
to submit a revised TRAN-1.
Learned Senior Counsel specifically relied upon the Supreme
Court’s order dated 22 July 2022 in Special Leave to Appeal (C) Nos.
32709–32710 of 2018. It was argued that the Supreme Court had already directed
the competent authority to open the common portal for filing the relevant forms
for transitional credit through TRAN-1 and TRAN-2 for a period of two months.
Accordingly, the petitioners requested disposal of the writ petitions in terms
of the Supreme Court’s directions.
Respondents’ Position
The GST Council was represented before the High Court, and the
State of Uttarakhand was also represented through its law officers. The
judgment records that learned counsel for the parties were heard.
However, the order does not record any detailed independent
counter-arguments or substantive objections advanced by the respondents
against the relief sought. Therefore, no separate respondent contention should
be attributed beyond what is expressly recorded in the judgment.
Court Order / Findings
The High Court took note of the general directions issued by
the Supreme Court in Special Leave to Appeal (C) Nos. 32709–32710 of 2018.
The Supreme Court directions, as reproduced in the High Court
judgment, provided in substance that:
- GSTN
was directed to open the common portal for filing forms for availing
transitional credit through TRAN-1 and TRAN-2 for two months, from 01
September 2022 to 31 October 2022.
- Any
aggrieved registered assessee could file the relevant form or revise an
already-filed form, irrespective of whether the taxpayer had filed a writ
petition before a High Court.
- The
facility was also available irrespective of whether the taxpayer’s case
had been decided by the Information Technology Grievance Redressal
Committee (ITGRC).
- GSTN
was required to ensure that no technical glitch occurred during the
specified period.
- Concerned
officers were given 90 days thereafter to verify the correctness of the
transitional credit claims and pass appropriate orders on merits after
granting reasonable opportunity to the concerned parties.
- Allowed
transitional credit was thereafter to be reflected in the Electronic
Credit Ledger.
- The
GST Council could issue appropriate guidelines to field formations for
scrutiny of claims, if required.
The High Court found that, because the Supreme Court had
already issued general directions to the GST authorities and directed opening
of the GST Portal for the specified two-month period, no further separate
direction was required in favour of the petitioners.
Accordingly, all writ petitions were disposed of in terms of
the Supreme Court’s order. The High Court expressly held that it would remain
open to the petitioners to submit TRAN-1 or Revised TRAN-1 during the
window period provided under the Supreme Court’s order.
Important Clarification
This judgment is significant because the High Court did not
grant an independent or separate extension exclusively to the petitioners.
Instead, it disposed of the writ petitions by applying the general directions
already issued by the Supreme Court.
The key clarification is that the filing/revision opportunity
was not confined only to taxpayers who had pending writ petitions. As
reproduced in the judgment, the Supreme Court’s direction extended to any
aggrieved registered assessee, irrespective of whether:
- a
writ petition had been filed before a High Court; or
- the
taxpayer’s case had been decided by the ITGRC.
Further, the reopening of the portal did not amount to
automatic acceptance of transitional credit. The concerned officers
retained authority to verify the veracity of the claim, decide the matter on
merits, and provide reasonable opportunity to the concerned parties before
passing appropriate orders.
Sections / Legal Provisions Involved
Section 140 of the Central Goods and Services Tax
Act, 2017 – Transitional arrangements for input tax credit.
Corresponding provisions of the State GST law –
Relevant where transitional credit pertains to the State GST framework.
Form GST TRAN-1 – Form relating to
transition of eligible pre-GST credits into the GST regime.
Form GST TRAN-2 – Transitional credit
mechanism applicable in specified circumstances.
Electronic Credit Ledger –
Allowed transitional credit, after verification, was directed to be reflected
in the taxpayer’s Electronic Credit Ledger.
Article 226 of the Constitution of India –
Constitutional writ jurisdiction invoked before the High Court.
Note: The uploaded order primarily concerns the procedural issue of filing/revising TRAN-1 and reproduces the Supreme Court’s directions. It does not undertake a detailed section-by-section interpretation of Section 140. This distinction is important for accurate reporting of the judgment.
Link to Download the Order-https://mytaxexpert.co.in/uploads/1783501552_3051.pdf
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