2018 (7) TMI 1829 - HC - GST

High Court grants relief for GST form upload issue, emphasizes input tax credit entitlement

E.V. RADHA KRISHNA KURUP Versus UNION OF INDIA THROUGH ITS SECRETARY (REVENUE), MINISTRY OF FINANCE, THE PRINCIPAL SECRETARY, NEW DELHI, GST COUNCIL, NEW DELHI, GOODS AND SERVICES TAX NETWORK, NEW DELHI AND THE COMMISSIONER, GOODS AND SERVICE TAX DEPARTMENT, KARAMANA, KERALA

The High Court allowed the petitioner, a registered dealer, to submit an application to the Nodal Officer within two weeks to address the inability to ... Unable to upload FORM GST TRAN-1 - Input tax credit - It is alleged by the petitioner that though he has attempted to upload FORM GST TRAN-1 within the time, he was not able to do so on account of some system error - Held that:- It is deemed appropriate to dispose of the writ petition permitting the petitioner to prefer an application before the additional sixth respondent, the Nodal Officer appointed to resolve issues in the nature of one raised by the petitioner - petition disposed off. Issues:1. Inability to upload FORM GST TRAN-1 for credit of input tax during migration to Goods and Services Tax regime.Analysis:The petitioner, a registered dealer under the Kerala Value Added Tax Act, faced a challenge in uploading FORM GST TRAN-1 within the stipulated time after migrating to the Goods and Services Tax regime. The petitioner alleged a system error prevented the upload, hindering the claim for input tax credit available during migration. Seeking relief, the petitioner approached the High Court with a writ petition.The High Court, after hearing the arguments from the petitioner's counsel, the Government Pleader, and the Standing Counsel for the fourth respondent, decided to address the issue by permitting the petitioner to submit an application to the Nodal Officer, the additional sixth respondent. The Court directed the petitioner to file the application within two weeks from the date of receiving the judgment. It further instructed that the Nodal Officer must review the application and make a decision within a week thereafter. Importantly, if it is established that the petitioner's failure to upload FORM GST TRAN-1 was due to reasons beyond their control, appropriate measures would be taken to facilitate the claim for input tax credit during migration.This judgment reflects the Court's consideration of the petitioner's predicament regarding the inability to upload the necessary form for claiming input tax credit during the transition to the Goods and Services Tax regime. By directing the petitioner to approach the Nodal Officer with a specified timeline for resolution, the Court aims to provide a fair opportunity for the petitioner to rectify the situation and avail the entitled credit. The Court's emphasis on addressing any system-related obstacles faced by the petitioner underscores the importance of ensuring a smooth transition for registered dealers migrating to the new tax framework.