TMI Blog2019 (11) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner to re-submit FORM G.S.T. T.R.A.N-1 within the extended period in order to enable the writ petitioner - company to carry forward the credit of SAD amount of ₹ 22,51,380.21/- in relation to stock of goods lying as on 30th June, 2017, under the transitional provisions of section 140(3) of the Uttar Pradesh Goods Services Tax Rules, 2017. Every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N-1 electronically on the common portal, within the period specified in the said rules or such further period as may be ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... note of. The writ petitioner intends to avail the credit pertaining to SAD (Special Additional Duty) amounting to ₹ 22,51,380.21/- in respect of goods held in stock as on 30th June, 2017. It is the admitted position that the writ petitioner has already submitted FORM G.S.T. T.R.A.N-1 on 10th October, 2017, to carry forward the credits available to it as on 30th June, 2017. By a letter dated 28th March, 2019, addressed to the Hon'ble Chairman, Goods and Services Tax Council, Government of India, the writ petitioner requested the Council to consider its case and to allow the writ petitioner to re-submit FORM G.S.T. T.R.A.N-1 within the extended period in order to enable the writ petitioner - company to carry forward ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n who has submitted a declaration electronically in FORM G.S.T. T.R.A.N.-1 within the period specified in Rule 117, Rule, 118, Rule 119 or Rule 120 may revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N.-1 electronically on the Common Portal within the period specified in the said rules or such further period as may be extended by the Commissioner in this behalf.] The other rule which we need to take notice of is Rule 117 of the Uttar Pradesh Goods Services Tax Rules, 2017, which reads as follows; 117. Tax or duty credit carried forward under any existing law or on goods held in stock on the appointed day .-(1) Every registered person entitled to take credit of inp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies on the common portal and in respect of whom the Council has made a recommendation for such extension.] (2) Every declaration under sub-rule (1) shall,- (a) in the case of a claim under sub-section (2) of Section 140, specify separately the following particulars in respect of every item of capital goods as on the appointed day- (i) the amount of tax or duty availed or utilised by way of input tax credit under each of the existing laws till the appointed day; and (ii) the amount of tax or duty yet to be availed or utilised by way of input tax credit under each of the existing laws till the appointed day; (b) in the case of a claim under sub-section (3) or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l input tax credit on goods held in stock on the appointed day in respect of which he is not in possession of any document evidencing payment of value added tax. (ii) The credit referred to in sub-clause (i) shall be allowed at the rate of sixty per cent. on such goods which attract State tax at the rate of nine per cent, or more and forty per cent, for other goods of the State tax applicable on supply of such goods after the appointed date and shall be credited after the State tax payable on such supply has been paid: Provided that where integrated tax is paid on such goods, the amount of credit shall be allowed at the rate of thirty per cent and twenty per cent, respectively of the said tax; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above two rules clearly reveals that every registered person who has submitted a declaration electronically in FORM G.S.T. T.R.A.N-1 within the period specified in Rule 117 or Rule 118 or Rule 119 or Rule 120 is allowed to revise such declaration once and submit the revised declaration in FORM G.S.T. T.R.A.N-1 electronically on the common portal, within the period specified in the said rules or such further period as may be extended by the Commissioner in this behalf. This further period as may be extended by the Commissioner which is provided under Rule 120-A, therefore, cannot go beyond the time-frame provided under Rule 117 of the Uttar Pradesh Goods Services Tax Rules, 2017. The period of extension has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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