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of <h1>Pre-GST input tax credit must transition to GST despite Form TRAN-1 errors, department retention violates Constitution Article 265</h1> <h3>M/s. Meenakshi Steels Represented by its Partner Mr. Jayesh Agarwal Versus The Assistant Commissioner of CGST & Central Excise Puducherry-II Division</h3> M/s. Meenakshi Steels Represented by its Partner Mr. Jayesh Agarwal Versus The Assistant Commissioner of CGST & Central Excise Puducherry-II Division - ... Issues:Challenge to Impugned Order on refund of Input Tax Credit and Capital Goods Credit due to mistake in filing TRAN-1 Form.Analysis:The petitioner challenged the Impugned Order dated 28.05.2020 by the Assistant Commissioner of GST and Central Excise, Puducherry Division-II, which rejected the petitioner's request for refund of Input Tax Credit and Capital Goods Credit due to a mistake in filing the TRAN-1 Form. The petitioner admitted to a typographical error in claiming credit amounts. The petitioner escalated the issue to the Nodal Officer, but the respondent cited Circulars stating the issue did not fall within their purview. The petitioner sought refund as they were unable to utilize the credits under the new regime.The respondent argued that the petitioner failed to make correct declarations in the TRAN-1 Form and that the petitioner did not avail the opportunity to file revised returns. The petitioner contended that the system did not allow rectification of mistakes in the TRAN-1 form, leading to the refund request. The Court considered the arguments and provisions of the GST enactments.The Court referred to the indefeasible nature of credits earned under previous tax laws, citing a Supreme Court case. The Court emphasized that if the system does not allow rectification of mistakes in the TRAN-1 form, the input tax credit should be refunded to avoid collection of tax without legal authority. The Court held that validly availed credits cannot be denied in the GST regime as they were earned legitimately under previous tax laws.A Division Bench of the Court in a similar case affirmed that denial of Input Tax Credit benefits due to technicalities should not frustrate the purpose of reducing tax cascading effects. The Court allowed the writ petition despite the availability of an alternative remedy, directing the respondents to rectify the TRAN-1 or accept manual filing or make suitable credit entries within a specified timeframe.In conclusion, the Court allowed the writ petition, directing the respondents to facilitate rectification of TRAN-1 or accept manual filing or make credit entries within a specified period. The judgment emphasized the importance of honoring legitimate credits earned under previous tax laws and ensuring procedural justice in the GST regime.
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