25 July 2022

GST – Supreme Court directs GSTN to open common portal for filing Tran-1 and Tran-2 for availing transitional credit

The Supreme Court has directed the Goods and Service Tax Network (GSTN) to open common portal for filing forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 1 September 2022 to 31 October 2022.

The concerned officers have been given 90 days thereafter to verify the veracity of the claim/transitional credit and pass appropriate orders thereon on merits after granting appropriate reasonable opportunity to the parties concerned. The Court in this regard also stated that the GST Council may also issue appropriate guidelines to the field formations in scrutinizing the claims

Further, according to the directions, any aggrieved registered assessee can file the relevant form or revise the already filed form irrespective of whether the taxpayer has filed writ petition before the High Court or whether the case of the taxpayer has been decided by the Information Technology Grievance Redressal Committee (ITGRC).

The Apex Court in its decision dated 22 July 2022 [Union of India v. Filco Trade Centre Pvt. Ltd. and another] also observed that GSTN must ensure that there are no technical glitches during the said time.

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