Tran-1 revision

[manish raghuwanshi]

Sir,

I have filed tran-1 in December,2018 but we have claimed short credit of excise available as per Er-1. Now how can claim balance credit. Can Gst council would allow revision in tran-1 in fuuret or can we ask refund to excise department.

Please suggest.

[Yash Jain]

Dear Sir,

The GST Wing has started audit for Trans 1 and have in most cases completed the audit.

The audit is based on the invoice details as being uploaded from Trans 1. Already trans 1 has been opened for revision previously

The possibility for opening of Trans 1 is very much remote – reason : Already allocation for taxes bases on trans 1 has happned between centre and stated based on filed trans 1.

Hence it is quite remote that trans 1 can be reopened as the Government has already notified due date for Filing of GSTR 9 (Annual Return), there by restricting any further tax availment In previous regime of tax laws.

However you can approach Court (Vide SLP) to reopen trans 1, provided you have strong grounds, i.e system failure, form being technical in nature and allied.

Comments from esteemed members highly solicited.

[Ganeshan Kalyani]

Bit challenging to get refund.

AI Summary

Tran 1 revision restrictions: reopening is remote due to allocation; judicial petition may be sought for technical failure. Revision of Tran 1 to access additional transitional excise credit is unlikely because audits of Tran 1 invoices are largely complete and tax allocations between Centre and States were based on filed returns; the notified annual return filing deadline further restricts additional credit availment. The practicable remedy is judicial challenge (e.g., SLP) only on strong grounds like system failure or technical defects, while excise authority refunds are described as difficult.