GST Case Digest
Gujarat High Court orders Central Government to permit revision of TRAN – 1 for transitional ITC.
The mechanism of TRAN-1 and carry forward of tax credit from pre-GST era to GST regime has been a matter of disputes since beginning. Due to technical glitches in the GST system many registered persons were unable to file their proper claims within the given time. Also, whoever filed those applications i.e, TRAN -1 within time had lot of errors krept in.
There were lots of hues and cries for granting an opportunity for filing TRAN – 1 and / or opportunity for revising the TRAN – 1.
However, the Hon. Gujarat High Court took a very lenient view in favour of the assesse. In the case of Precision Gasification Services Pvt. Ltd. Vs Union Of India (Special Civil Application No. 19818 of 2019), the court directed the Union of India to either open the online portal, so as to enable the writ applicants to again file rectified Form GST TRAN-1 electronically or accept the manually filed from the GST TRAN-1 with necessary corrections on, or before, 18.05.2021.
This judgement will help many genuine tax payers to get the lapsed benefit of transitional credit through revision of TRAN – 1.