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2021 (7) TMI 334 - HC - GSTCorrection of amount shown in GST TRAN-1 - Transitional credit - Period of limitation - Constitutional validity of Section 140 of the CGST Act - carry forward of Input Tax Credit - revenue neutrality - HELD THAT:- The writ petition is liable to be allowed - Admittedly, there have been multiple difficulties, both technical and otherwise, that have been faced by assesses and the Department post introduction of GST with effect from 01.07.2017. In such a situation a bonafide human error as in the present case should be permitted to be rectified. There is no dispute expressed by the respondents in its counters on the position that the error committed is inadvertent - the exercise of transitioning ITC is revenue neutral at this juncture, since what is enabled by permitting such transition is only the carryforward of the ITC and the utilization of the same will be subject to proper verification by the Assessing Officer at the time of assessment. It does not stand to reason that the date of filing of Form-1 and date for revision of the same be one and the same and in order to be viable, there must be a sufficient gap of time in between the two - Section 120A grants only one opportunity to the petitioner to rectify the Form TRAN-1 and there is, in my view, no basis for such restriction. In this case, the last dates for filing of TRAN-1, and seeking revision of the same are both 27.12.2017. The petitioner has uploaded the TRAN 1 on 27.12.2017 and there was thus, no time available for the petitioner to have sought revision of the error that was occasioned in the Form. The respondent will enable the filing of revised Form TRAN-1 by opening of the portal and this exercise will be completed within a period of eight weeks from today - Petition closed.
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