1. Home

SGST High Court Cases

GST – Revision of clerical error in TRAN-1, Denial of Transitional Credit – Revenue appeal against Single Judge order permitting assessee-respondent to revise the Form TRAN-1 - Revenue of the view that the respondent-assessee is not entitled to Cenvat Credit as the clerical error of filling the wrong figure in Column 6 of form TRAN-1 is fatal to the claim to transitional credit – HELD – the respondent had filed Form TRAN-1 in time and had also shown the correct amount in Column 5(b) of form TRAN-1. The only error is that in Column 6 of Form TRAN-1 – respondent-assessee have complied with the requirement of filing Form TRAN-1 within time, to transition credit legitimately earned under the erstwhile regime - there is substantial compliance with the requirements of Section 140 of the CGST Act which provides for transition of credit under the erstwhile regime to GST - The submission of the Revenue that the inadvertent mistake in filling in the wrong figures in Column 6 of Form TRAN-1 would prove fatal to the respondent's claim of ITC could frustrate the very objective of extending the benefit of transition of Input Tax Credit from the erstwhile regime - Input Tax Credit is a beneficial scheme which is framed in larger public interest - One cannot lose sight of the larger objective behind the ITC Scheme. Keeping the said objective in mind and also the fact that GST was a new law and there were a number of initial hiccups which was taken cognizance of by the Legislature and Executive and remedial actions were duly taken, the denial to transition of credit for a clerical mistake may not be warranted - the order of the learned Single Judge directing Revenue to enable the assessee to file a revised Form TRAN-1 by opening of the portal, is affirmed – the writ appeal is dismissed
Download File
show more Judgements  

Quick Search

/

Advance Search

GST Resources

/

Gst Rate Finder

Tax Vista

Your Weekly Tax Recap

By Dr. G. Gokul Kishore

Weekly Summary

VIL Video

Handling GST Investigations...
CA Vivek Jalan

Create Account

Security-Code
New Code?

Log In

New User ? Forgot Password ?

Forgot Password

Security-Code
New Code?
Please Note: This facility is only for Subscribing Members.

Email this page

Feedback this page

Schedule a Demo

Schedule a demo to know the features and advantages of VILGST portal. Get to know the tips to find the desired results in faster way.

Caselaw Request Form (CRF)

Didn’t find what you are searching for? No worries, please give us the following details and VIL will email you the desired Caselaws at the earliest:

Security-Code
New Code?