Facts of the Case
The petitioners, C. Prasannakumaran Unnithan,
Proprietor of M/s. C.B. Electricals, and Leena P. Nair, Proprietrix of
M/s. C.B. Electricals, approached the Kerala High Court seeking relief
regarding the availment of Transitional Input Tax Credit (ITC) during
migration from the pre-GST indirect tax regime to the Goods and Services Tax
(GST) regime.
The petitioners contended that they were unable to
effectively avail or revise the transitional credit through Form GST TRAN-1
due to difficulties encountered during the migration process. They sought
appropriate directions enabling them to claim the eligible transitional credit
in accordance with law.
Issues Involved
- Whether
registered taxpayers should be permitted to file or revise GST
TRAN-1/TRAN-2 for claiming Transitional Input Tax Credit.
- Whether
the benefit granted by the Supreme Court in Union of India &
Another v. Filco Trade Centre Pvt. Ltd. & Another would extend to
the petitioners.
- Whether
taxpayers affected by technical or procedural issues during GST migration
could avail transitional credit despite earlier difficulties.
Petitioners' Arguments
- The
petitioners submitted that they possessed legitimate entitlement to
Transitional Input Tax Credit.
- They
argued that technical and procedural issues prevented them from effectively
claiming the credit during migration to GST.
- They
requested directions permitting them to file or revise the necessary GST
TRAN forms so that their eligible transitional credit could be considered
in accordance with law.
Respondents' Arguments
The respondents relied upon the legal position governing
transitional credit under the GST regime. During the pendency of the writ
petitions, the Supreme Court delivered its judgment in Union of India &
Another v. Filco Trade Centre Pvt. Ltd. & Another, issuing comprehensive
directions for reopening the GST portal and permitting filing or revision of
TRAN-1 and TRAN-2 by eligible taxpayers.
Accordingly, the respondents submitted that the controversy
stood governed by the Supreme Court's directions.
Court Order / Findings
The Kerala High Court observed that the controversy involved
in both writ petitions had been completely covered by the judgment of the
Supreme Court in Union of India & Another v. Filco Trade Centre Pvt.
Ltd. & Another (2022 SCC OnLine SC 912).
The Court noted the directions issued by the Supreme Court,
which included:
- GSTN
shall reopen the common portal for filing or revising TRAN-1 and TRAN-2
from 01.09.2022 to 31.10.2022.
- Every
aggrieved registered taxpayer shall be entitled to file or revise the relevant
forms irrespective of whether a writ petition had been filed or whether
the matter had been considered by the IT Grievance Redressal Committee.
- GSTN
shall ensure that no technical glitches occur during the reopening period.
- Proper
officers shall verify the transitional credit claims within 90 days
after filing and pass appropriate orders after granting reasonable
opportunity of hearing.
- Approved
transitional credit shall thereafter be reflected in the Electronic Credit
Ledger.
- The
GST Council may issue suitable guidelines for scrutiny of such claims.
Applying the above Supreme Court directions, the Kerala High
Court disposed of both writ petitions on the same terms.
Important Clarification
- This
judgment does not independently decide the merits of the
transitional credit claim.
- The
High Court merely applied the binding directions issued by the Supreme
Court in Filco Trade Centre.
- All
eligible taxpayers facing similar issues regarding TRAN-1 or TRAN-2 filing
were entitled to the benefit of the Supreme Court's directions.
- Verification of the actual admissibility of Transitional ITC would continue to remain subject to scrutiny by the jurisdictional GST authorities.
Sections
Involved
- Section
140 of the Central Goods and Services Tax Act, 2017 (Transitional
Arrangements for Input Tax Credit)
- Rule
117 of the CGST Rules, 2017
- Form
GST TRAN-1
- Form
GST TRAN-2
- Transitional
Input Tax Credit Provisions under GST
- Supreme Court Judgment in Union of India & Another v. Filco Trade Centre Pvt. Ltd. & Another (2022 SCC OnLine SC 912)
Link to Download the Order
https://www.mytaxexpert.co.in/uploads/1785569960_2555compressed.pdf
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