2021 (7) TMI 780 - HC - GST

Court grants petitioner to file/review TRAN-1 electronically, directs merit examination. Challenge to Rule 117 disposed.

M/s. Total Environment Music Foundation (Trust) Versus The Union of India Through its Revenue Secretary Department of Revenue, Ministry of Finance The Central Board of Indirect Taxes And Customs, The Goods and Services Tax Council, The State of Karnataka, The Commissioner of Central Taxes, Bangalore East, The Assistant Commissioner of Central Taxes,

The court granted the petitioner permission to file or revise TRAN-1 electronically by a specified deadline, directing the respondents to examine the ... Constitutional Validity of Rule 117 of Central Goods and Services Tax Rules - time limit for filing TRAN-1 - input tax credit - Section 140 and 174 of the Central Goods and Services Tax Act, 2017 - HELD THAT:- The permission is granted to the assessee to file TRAN-1 by affording an other opportunity. The respondents are directed to permit the petitioner to file / revise TRAN-1 electronically on or before 30.07.2021 - Petition allowed. Issues:1. Challenge to Rule 117 of Central Goods and Services Tax Rules regarding time limit for filing TRAN-12. Technical glitches preventing filing of returns in TRAN-1 for availing credit3. Grievance Redressal Mechanism not availed by the petitioner4. Legal position established in previous judgments allowing filing of TRAN-1 electronically or mechanically5. Permission granted to petitioner to file/revise TRAN-1 electronically by a specified date6. All contentions on merits kept open for both parties7. Respondents directed to examine petitioner's claim on its meritsAnalysis:1. The petitioner sought a writ of mandamus challenging Rule 117 of Central Goods and Services Tax Rules, claiming it to be ultra vires and in violation of specific sections of the Central Goods and Services Tax Act, 2017. The petitioner requested the court to declare them entitled to tax credit on account of Input Credit of Service Tax and sought other incidental reliefs.2. The petitioner's counsel highlighted technical glitches that prevented the filing of returns in TRAN-1 to avail credit. They referenced communications indicating the inability to carry forward pre-Goods and Services Tax credits due to these glitches.3. The counsel for the Revenue pointed out that the petitioner had not utilized the Grievance Redressal Mechanism as per a specific Circular, which could have addressed the issues faced.4. The court acknowledged previous judgments that allowed assessees to file TRAN-1 either electronically or mechanically. The court emphasized the need for consistency in judicial approach and directed adherence to these established legal positions.5. Considering the settled legal position, the court granted permission to the petitioner to file or revise TRAN-1 electronically by a specified deadline. The court's order mandated the respondents to permit the filing/revision by the given date, ensuring compliance with the previous judgments.6. The court kept all contentions on merits open for both parties, allowing the respondents to examine the petitioner's claim thoroughly based on the law. This approach ensures a fair assessment of the petitioner's entitlement to the tax credit claimed.7. Ultimately, the petition was disposed of, with the court's order granting the petitioner the opportunity to file/revise TRAN-1 electronically within the specified timeline. The respondents were directed to evaluate the petitioner's claim on its merits in accordance with the law, maintaining fairness and adherence to legal principles.