The Goods and Services Tax Network ( GSTN ) has re-opened the TRAN Forms to claim Transitional Input Tax Credit ( ITC ).
The Supreme Court of India vide order dated 22.07.2022 in the matter of Union of India vs. M/s. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709-32710/2018 has allowed the aggrieved taxpayers to file Form TRAN-1/TRAN-2 to claim the transitional Input Tax Credit (ITC). In compliance with the Hon’ble court’s directive, the facility for filing TRAN-1/ TRAN-2 or revising the earlier filed TRAN-1/TRAN-2 on the GST common portal by aggrieved taxpayers is now available on GSTN from 01.10.2022 till 30.11.2022.
All the aggrieved taxpayers who wish to file or revise TRAN-1/2 are hereby informed that the present process flow of TRAN filing is different from the filing process in the financial year 2017-18. As per the present flow, the transitional credit availed by the taxpayer in TRAN-1/2 forms shall be verified by the jurisdictional tax officer before the credit entry is made in the respective ledgers.
The TRAN filing process has been improved vis-à-vis the previous instances and the user interface of the portal has been made simpler for the taxpayers to file their TRAN-1/2 forms. However, before attempting to file the TRAN forms, the taxpayers should note some important points as mentioned below which would help them in the smooth filing of the forms.
TRAN-2 form shall be made available only if the taxpayer has filed TRAN-1 and has made the declaration in table 7 of TRAN-1. The taxpayer is requested to fill in the complete details afresh in case they are revising the earlier filed TRAN-2 Form.
In compliance with the Supreme Court‟s directive, the TRAN forms are enabled and the default filing status of TRAN forms for all taxpayers is now visible as “Not Filed”. The status “Not Filed” only implies that TRAN forms are not filed in the new window provided by the Hon’ble court during 01.10.2022 to 30.11.2022.
The GST Department has clarified that, those registered persons, who had successfully filed TRAN-1/TRAN-2 earlier, and who do not require to make any revision in the same, are not required to file/ revise TRAN-1/TRAN-2 again during this period from 01.10.2022 to 30.11.2022. The option of filing or revising TRAN-1/TRAN-2 on the common portal during the period from 01.10.2022 to 30.11.2022 is a one-time opportunity for the applicant to either file the said forms, if not filed earlier, or to revise the forms filed earlier.
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