2021 (9) TMI 907 - HC - GST

High Court directs Opposite Parties to allow petitioner to file GST TRAN-1 form

M/s. Sunny Motors Versus Central Board of Indirect Taxes and Customs (CBIC), Department of Revenue, Govt. of India and others

The High Court of Orissa directed the Opposite Parties to allow the petitioner, a partnership firm in the motorcycle and spare parts business, to file the ... Transitional credit - Direction to the Opposite Parties to accept the GST TRAN-1 form from the Petitioner - petitioner was not allowed the facility of ITC since “as per GST system log, there are no evidences of error or submission/filing of TRAN-1” - Rule 117 of the Central Goods and Services Tax Rules, 2017 - HELD THAT:- It is seen that the near identical circumstances the Delhi High Court in AAGMAN SERVICES PRIVATE LIMITED VERSUS UNION OF INDIA & ORS. [2019 (11) TMI 1248 - DELHI HIGH COURT] permitted the Petitioner in that case to submit his TRAN-1 form either electronically or manually. In that case too, the Petitioner’s case was considered in the meeting of the GST Council. In the present case a direction is issued to the Opposite Parties to either open the portal and permit the Petitioner to file TRAN-1 form electronically on or before 1st November, 2021 or accept the TRAN-1 form from the Petitioner manually before that date. It will be open to the authorities to verify the genuineness of the claim of the Petitioner in accordance with law and pass appropriate orders. Petition disposed off. Issues:- Acceptance of GST TRAN-1 form- Input Tax Credit (ITC) claim by the PetitionerAcceptance of GST TRAN-1 form:The petitioner sought a direction for the Opposite Parties to accept the GST TRAN-1 form as per Rule 117 of the Central Goods and Services Tax Rules, 2017 (CGST Rules). The petitioner, a partnership firm engaged in the sale of motorcycles and spare parts, faced difficulties in uploading the form due to unforeseen circumstances. Despite representations made to the Secretary, Goods & Service Tax Council, the petitioner's request was not initially granted. However, the court considered similar cases from the Delhi High Court and the High Court of Punjab and Haryana, where relief was granted to petitioners facing similar challenges in submitting the TRAN-1 form. The court directed the Opposite Parties to allow the petitioner to file the form electronically or manually, with verification of the claim's genuineness.Input Tax Credit (ITC) claim by the Petitioner:Under Rule 117 of the CGST Rules, a registered person can claim input tax credit under Section 140 of the CGST Act by submitting a declaration electronically in Form GST TRAN-1 within 90 days from the appointed day. The petitioner's inability to upload the form within the stipulated time led to the present petition. Despite contentions from the Opposite Parties that there was no evidence of error or submission of TRAN-1, the court relied on precedents from the Delhi High Court and the High Court of Punjab and Haryana, where relief was granted to petitioners in similar situations. The court, therefore, directed the Opposite Parties to facilitate the submission of the TRAN-1 form by the petitioner and verify the claim appropriately.In conclusion, the High Court of Orissa directed the Opposite Parties to either allow the petitioner to file the GST TRAN-1 form electronically or accept it manually before a specified date. The court emphasized the need for authorities to verify the genuineness of the petitioner's claim in accordance with the law. The writ petition was disposed of accordingly, with an urgent certified copy of the order to be issued as per rules.