Lamit Tubes And Mouldings LLP vs. Union Of INDIA

WP(C)/40776/2018HC KeralaGSTCNR KLHC01094479201817 January 2023Bench: HONOURABLE MR. JUSTICE GOPINATH P.5 pages
AI SummaryAllowed

Held

The High Court held that the issue was completely addressed by the Supreme Court's judgment in *Union of India v. Filco Trade Centre Pvt. Ltd.*, which directed GSTN to open the common portal for filing/revising TRAN-1 and TRAN-2 forms for two months (Sept-Oct 2022) and outlined a process for verification and reflection of credit. These directions were applied to the petitioner's case.

Facts

The petitioner, Lamit Tubes and Mouldings LLP, filed a writ petition concerning issues in availing Transitional Credit while migrating to the Goods & Services Tax regime, specifically related to difficulties in filing/revising declarations through TRAN-1 and TRAN-2 forms.

Key Issues

The key legal issue was the inability of the petitioner to avail transitional credit due to technical glitches and other issues in filing/revising declarations (TRAN-1 and TRAN-2) during the migration to the GST regime.

Sections Cited

TRAN-1, TRAN-2

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 WP(C) NO. 40776 OF 2018 PETITIONER/S: LAMIT TUBES AND MOULDINGS LLP 15/764 A, INDUSTRIAL ESTATE, MANJERI, MALAPPURAM, KERALA-676 121 REPRESENTED BY DESIGNATED PARTNER, KARANATH MUSTHAQUEEN BY ADVS. SHERRY SAMUEL OOMMEN SRI.RAHUL IPE PRASAD RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, ROOM NO. 46, NORTH BLOCK, NEW DELHI-110 001 2 GOODS AND SERVICE TAX NETWORK (GSTN) THROUGH ITS CHAIRMAN, EAST WING, 4TH FLOOR, WORLD MARK- 1, AEROCITY, NEW DELHI-110 037. 3 GOODS AND SERVICE TAX COUNCIL THROUGH ITS SECRETARY, 5TH FLOOR, TOWER -II, JEEVAN BHARTI BUILDING, JANPATH ROAD, CANNAUGHT PLACE, NEW DELHI-110 001 4 THE NODAL OFFICER FOR STATE GST GOODS AND SERVICE TAX DEPARTMENT, KARAMANA, THIRUVANANTHAPURAM, KERALA-695 002 BY ADVS. SRI.P.R.SREEJITH,SC,GOODS AND SERVICES TAX NETWORK Mr.U.R.HARSHA KUMAR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 40776 OF 2018 2 JUDGMENT

This Writ Pe

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.