Allahabad HC directs to Re-Open the Facility to file TRAN-1 in GST Portal [Read Order]

TRAN-1

A division bench of the Allahabad High Court, today directed the Government to re-open the Goods and Services Portal in order to enable the tax payer to file TRAN-1.

The order was granted by Justice Bharati Sapru and Niraj Tiwari, on a petition filed by M/S Continental India Private Limited, who was unable to file GST TRAN-1 due to technical glitches in the GST portal.

The petitioners sought for a direction to the GST council to make recommendations to the State Government to extend the time period for filing of GST Tran-1 in the case of the petitioner because his application was not entertained on the last date i.e. 27.12.2017 and he has filed his complete application for the necessary transactional credit.

It was also submitted that they have filed an application for transitional credit manually on 10.1.2018.

When a notice was served on the Government on admitting the petition, they said that the portal is likely to be opened but is unable to say that when the portal is likely to be opened.

“In view of the above, the respondents are directed to reopen the portal within two weeks from today. In the event they do not do so, they will entertain the application of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner. They will also ensure that the petitioner is allowed to pay its taxes on the regular electronic system also which is being maintained for use of the credit likely to be considered for the petitioner,” the bench said.

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