2018 (10) TMI 1620 - HC - GST

Court orders petitioners to seek CBIC verification for GST credit claim amendment, sets 12-week deadline for decision.

O/E/N India Ltd., & Another (OEN) Versus Union of India & Others

O/E/N India Ltd., & Another (OEN) Versus Union of India & Others - 2019 (20) G.S.T.L. J45 (Bom.) Issues:Seeking directions to resubmit/rectify form TRAN-1 filed under Section 140 of the Goods and Service Tax, 2017 due to incorrect figures of Cenvat Credit.Analysis:The petition under Article 226 of the Constitution of India requested directions to allow the petitioner to rectify its form TRAN-1 filed under Section 140 of the GST Act. The error occurred as incorrect figures of Cenvat Credit available as on 1st July 2017 were mistakenly entered for utilization under the new GST regime. In response, the respondents filed an affidavit dated 23rd October 2018, stating that relief could be extended to the petitioner after verifying the claims made by the petitioner from GSTN. Once the claims were verified, the petitioner could amend the TRAN-1 to reflect the correct amount of CENVAT credit to be transitioned. Consequently, the court found that nothing further remained in the petition.The court directed the petitioners to file a representation to the Central Board of Indirect Taxes and Customs (CBIC). The CBIC would consider this representation for verification of the bona fides of the claim made by the petitioners. If satisfied, the petitioners would be permitted to amend the Trans-I form to accurately reflect the available credit. The CBIC was instructed to decide on the petitioners' representation promptly, preferably within twelve weeks from the date of receiving the representation. Subsequently, the petition was disposed of based on the above terms, providing a clear pathway for the petitioners to rectify the errors in the form and transition the correct amount of credit available under the new GST regime.