Transitional Provisions (Trans-1) under GST Act.

[Jasbir Uppal]

Dear Professionals

As per the transitional provisions of CGST/ SGST/ UTGST Act, registered person can take credit of taxes or duties paid under existing State or Central laws, like Value Added Tax Act, Central Excise Act and Service Tax laws and carry them forward to the GST regime, if the same are eligible as CGST/SGST/UTGST credit, subject to conditions/ limitations as prescribed in the GST Act and rules. These transitional credits can be claimed through Form GST TRAN – 1

That the client has filed GST TRAN 1 and department has also passed the order and same is also reflected in GST Portal. When we down load the order the GST No. and legal name of the person is other than my client and amount of ITC is also not reflected in GST credit ledger.

How to stout the issue

With regards

J.S. Uppal

Advocate

[KASTURI SETHI]

Sh.Jasbir Uppal Ji,

It appears to me that this error has occurred due to snag in the functioning of Common Portal System. You will have to lodge complaint with Grievance Redressal Cell and if not solved, give in writing to the jurisdictional GST Range Officer or DC/AC in-charge CGST/SGST Division. I am hopeful that your problem will be solved.

[Padmanathan KV]

I agree with the views of Ld Kasthuri sir. Also pls see the possibility of rectification of the said order under section 161of CGST Act as it seems to be an apparent from the records.

[Jasbir Uppal]

Dear Professional.

Thanks for your reply to my query.

We have already file the greviance with the department but there is no favorable reply is coming and even the concerned officer has also given the direction to portal but no result yet.

[Amit Agrawal]

Dear Querist,

Due you have copy of the 'actual' order passed in your case and whether same is in your favour?

[KASTURI SETHI]

Sh.J.S.Uppal Ji,

Your client will not suffer loss. This is a minor problem. Meet Deputy Commissioner/Assistant Commissioner, In-charge CGST Division along with docs. I am cocksure that your problem will be solved.

[Ganeshan Kalyani]

Sir, in one of case the taxpayer has raised a ticket in the month of Aug 2017 and with regular follow up with GST dept, GST Helpdesk, the query was resolved in the month of Oct 2017. Hence, in some case the time is taken but query will certainly be resolved.

[KASTURI SETHI]

Sh.Ganeshan Kalyani Ji,

You have quoted an instance wherein complaint was lodged in August and was solved in October. It is too much. Do you call it efficiency or efficacy ? Such inordinate delay is a question mark on the efficiency and efficacy of the concerned officer.Such inordinate delay should not become precedent.

Such like problem should be solved immediately by the GST Grievance Redressal Cell.

AI Summary

Transitional input tax credit: Portal misattribution of credits requires grievance lodging and pursuit of statutory rectification.
The filing of Form GST TRAN 1 allows carryforward of eligible pre GST tax credits, but where the departmental order or portal shows an incorrect GSTIN/name and the credit does not appear in the electronic credit ledger, the recommended remedies are to lodge a grievance with the GST Grievance Redressal Cell, provide written representation to the jurisdictional range officer or Deputy/Assistant Commissioner, seek statutory rectification of the order, preserve the actual order copy, and pursue persistent follow up with the helpdesk and officers.