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2022 (8) TMI 1146

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..... units shall be treated to have been taken validly on the date on which it was originally taken. However, no further credit based on revised declaration in Form TRAN-1 shall be claimed by Petitioner, as the said filing is purely for regularizing the earlier action of transition and distribution of Cenvat credit by the ISD registration of Petitioner. Once, the credit taken by the respective units is regularized by filing revised electronic or manual declaration (as the case maybe) in Form GST TRAN 1, the credit balance shown in Electronic Credit Ledger of the ISD unit of Petitioner shall be deemed to have lapsed/ deleted - Respondents and the authorities concerned shall not proceed to adjudicate the above and other Show Cause Notices is .....

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..... ST Cx, Div I, GST Commissionerate, Navi Mumbai has confirmed as follows: Please refer to your request letter no. AIL:BZ/ISD/TRAN-1/2018-19 dated 07.02.2019 on the above subject. As per your request it is informed that, TRAN-1 verification in respect of GSTIN 27AAACG1840M2ZK for allowing transitional Credit of Rs. 2,12,20,871 (Rs. 1,81,36,198 under Table 5(a) and Rs. 30,84,673 under Table 7(b)) has been completed by this office and found in Order. 4. Petitioner issued the invoices to transfer the transitional credit from its ISD registration to its other units. Basis the said invoices, the respective units availed the input tax credit in its Electronic Credit Ledger by disclosing the said amounts transferred by the ISD r .....

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..... revenue on account of the said transition/ distribution of the credit. 8. In the present case, the Joint Commissioner has, post detailed verification, confirmed in writing that Petitioner has correctly transitioned the credit in its ISD registration. 9. It appears that most of the procedural issues have arisen due to the fact that the GST was at the nascent stage of its implementation and there was a prevalent ambiguity with regard to the transitional provisions. 10. The Hon ble Apex Court to aid the assessees to overcome the procedural/ technical hurdles, in the case of Union of India Another Vs Filco Trade Centre Pvt. Ltd. Another 2022 (7) TMI 1232 and other similar batch of Petitions in relation to the transition of cre .....

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..... issue appropriate guidelines to the field formations in scrutinizing the claims. 11. We also intend to adopt the same approach. Therefore, we hereby direct Respondents to open the common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months, i.e., w.e.f. 01.09.2022 to 31.10.2022 in compliance with the Order of the Hon ble Supreme Court of India in Filco Trade (supra). 12. Accordingly, Petitioner s recipient units can file revised declaration in Form GST TRAN 1, either electronically or manually (where electronically is not possible), for taking the credit already distributed to them by the ISD unit of Petitioner by issuing invoices. 13. Once, such a revised declaration is fil .....

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