The Gujarat High Court directed the GST Department either to allow the rectified GST TRAN-1 Form to be submitted electronically or manually.
The writ applicant, Precision Gasification Services Pvt. Ltd. has been engaged in the business of fabrication. The writ applicant had unutilized input tax credit (ITC) of Rs.12,30,843/- under the Central Excise Act, 1944 and Rs.20,01,640/- under the Finance Act, 1994 which was carried forward in the returns.
The writ applicants duly filed the GST Form TRAN 1 within the stipulated time period claiming for the transitional tax credit under Section 140 of the Central Goods and Services Tax Act, 2017.
Such transitional tax credit was however not reflected in the electronic credit ledger. When the writ applicants approached the authorities requesting for grant of such credit, the writ applicants were informed that since the amount of credit was shown in the wrong column in the Form GST TRAN 1, the transitional tax credit could not be granted to the writ applicants.
The coram of Justice J.B.Pardiwala and Justice Ilesh J.Vora directed the respondent authority either open the online portal, so as to enable the writ applicants to again file rectified Form GST TRAN-1 electronically or accept the manually filed from the GST TRAN-1 with necessary corrections on, or before, May 18, 2021.
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