M/S Tej Fasteners vs. Union Of INDIA And Others
Held
The Court allowed the petition in terms of the judgment passed in CWP No. 30949 of 2018 decided on 04.11.2019. The petitioner was granted permission to file the statutory Form TRAN-I by 31.01.2020. The Court further clarified that if the petitioner faced any impediment in availing the benefit of the judgment due to the portal not being opened by the respondents, the petitioner would be permitted, as an alternative, to claim the benefit of unutilized credit in their GST-3B Forms for February 2020, either electronically or manually. The reasoning was based on the concession by the respondents that the present case was covered by the precedent set in the Adfert Technologies case.
Facts
The petitioner, M/s Tej Fasteners, a proprietorship concern engaged in manufacturing and trading machinery parts, is registered under the Goods and Service Tax Act, 2017. Prior to GST, it was registered under the Punjab VAT Act. The petitioner's grievance is its inability to upload details of unutilized Input Tax Credit (ITC) from its accounts books to the electronically generated statutory Form TRAN-I, which was required to avail benefits of previous unutilized ITC under the GST regime. The petitioner contends that this issue has already been decided by the High Court in a previous judgment, "Adfert Technologies Pvt. Ltd. Versus Union of India and others," dated 04.11.2019, in favor of assessees.
Key Issues
1. Whether the petitioner is entitled to the benefit of unutilized Input Tax Credit accrued under previous tax statutes, despite being unable to upload the details to Form TRAN-I by the prescribed deadline? The petitioner argued that the issue is squarely covered by the High Court's previous judgment in CWP 30949 of 2018 titled "Adfert Technologies Pvt. Ltd. Versus Union of India and others," dated 04.11.2019, and therefore, it is entitled to similar relief. The respondents, Union of India and others, through their counsel, conceded that the issue raised in the present petition is indeed covered by the aforementioned judgment.
Sections Cited
TRAN-I
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:20.12.2019 M/s Tej Fasteners ..............Petitioner v.
Union of India and others ..............Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Hon'ble Mr.Justice Sant Parkash Present:- Mr. Rohit Gupta, Advocate for the petitioner.
Jaswant Singh,J(Oral).
The petitioner, a Proprietorship concern, is engaged in business of manufacturing and trading of machinery parts. It is registered under the Goods and Service Tax Act, 2017. Prior to the introduction of Goods and Service Tax Act, the petitioner was registered under the Punjab VAT Act.
Grievance of the petitioner is that it could not upload the details of un-utilized Input Tax Credit (in short 'ITC') as per the accounts books to the electronically generated statutory Form “TRAN-I” which was the requirement under the GST regime for availing the benefit of the previous un-utilized ITC accrued under the Taxing Statutes.
Counsel for the petitioner submits that the issue raised herein already stands decided by this Court, vide judgment dated 04.11.2019, passed in CWP 30949 of 2018 titled “Adfert Technologies Pvt. Ltd. Versus
The judgment continues below.
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