TMI BlogGuidelines for filing/revising TRAN-1/TRAN-2 in terms of order dated July 22, 2022 and September 2, 2022 of the honourable Supreme Court in the case of Union of India v. Filco Trade Centre Pvt. Ltd.X X X X Extracts X X X X X X X X Extracts X X X X ..... Attention is invited to the directions issued by the honourable Supreme Court vide order dated July 22, 2022 in the matter of Union of India v. Filco Trade Centre Pvt. Ltd. [2022] 103 GSTR 384 (SC), SLP(C) Nos. 32709-32710/2018. The operative portion of the order reads as follows (page 388 in 103 GSTR) : 1. Goods and Services Tax Network (GSTN) is directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months, i. e., w. e. f. September 1, 2022 to October 31, 2022. 2. Considering the judgments of the High Courts on the then prevailing peculiar circumstances, any aggrieved registered assessee is directed to file the relevant form or revise the already filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant ) will be made available by GSTN during the period from October 1, 2022 to November 30, 2022. In order to ensure uniformity in implementation of the directions of the honourable Supreme Court, the Commissioner in exercise of powers conferred under section 168 of the BGST Act, 2017 hereby clarifies the following : 4. Guidelines for the applicant for filing TRAN-1/TRAN-2 or revising earlier filed TRAN-1/TRAN-2 : 4.1 The applicant may file declaration in Form GST TRAN-1/TRAN-2 or revise earlier filed TRAN-1/TRAN-2 duly signed or verified through electronic verification code on the common portal. In cases where the applicant is filing a revised TRAN-1/TRAN-2, a facility for downloading the TRAN-1/TRAN-2 furnished earlier by him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicable, to the jurisdictional tax officer within seven days of filing of declaration in Form TRAN-1/TRAN-2 on the common portal. The applicant shall keep all the requisite documents/records/returns/invoices, in support of his claim of transitional credit, ready for making the same available to the concerned tax officers for verification. 4.6 It is pertinent to mention that the option of filing or revising TRAN-1/TRAN-2 on the common portal during the period from October 1, 2022 to November 30, 2022 is a one-time opportunity for the applicant to either file the said forms, if not filed earlier, or to revise the forms earlier filed. The applicant is required to take utmost care and precaution while filing or revising TRAN-1/TRAN-2 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mber 30, 2022. In this context, it may further be noted that in such cases where the credit availed by the registered person on the basis of Form GST TRAN-1/TRAN-2 filed earlier, has either wholly or partly been rejected by the proper officer, the appropriate remedy in such cases is to prefer an appeal against the said order or to pursue alternative remedies available as per law. Where the adjudication/appeal proceeding in such cases is pending, the appropriate course would be to pursue the said adjudication/appeal. In such cases, filing a fresh declaration in Form GST TRAN-1/TRAN-2, pursuant to the special dispensation being provided vide this circular, is not the appropriate course of action. 5. The declaration in Form GST TRAN-1/TRA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r order under section 73/74 of the BGST Act, 2017 issued in respect of the credit availed through TRAN-1/TRAN-2 filed earlier : YES NO 4.5 If reply to point 4.4 is Yes , then mention the reference number and date of notice/order referred to in 4.4 above : 4.6 Amount of credit determined as in-eligible, if any, vide order referred to in 4.5 above : CGST- SGST/UTGST- 4.7 Whether appeal preferred u/s 107 of BGST Act/petition before the honourable High Court against order referred to in point 4.5 above . . . . . YES NO 4.8 If reply to 4.7 is Yes , then whether appeal/petition referred to in point 4.7 above disposed off : YES NO 4.9 If reply to point 4.8 above is Yes , then amount of credit determined as in-eligible : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Goods and Services Tax Act, 2017, amounting to Rs. . . . . on account of Central tax and Rs. . . . on account of State/union territory tax in my/our return in Form GSTR-3B filed by me/us for the period . . . . . . and I/we have reversed an amount of Rs. . . . on account of Central tax and Rs. . . . . on account of State/ union territory tax, along with an interest of Rs. . . . . . vide details of such debit/payment to be provided ** /have not ** reversed the said amount, along with applicable interest. I/We have neither been refunded nor have claimed refund or would claim refund of the credit of tax carried forward in accordance with sub-section (1) of section 140 of the Central/State/UT Goods and Services Tax Act, 2017, in the return ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
