Sri Venkateswara Enterprises vs. Assistant Commissioner CT

WP/7142/2019HC Andhra PradeshGSTCNR APHC01016448201905 November 2019Bench: C.PRAVEEN KUMAR,J. UMA DEVI5 pages
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Held

The Court directed the respondents to either reopen the portal for electronic filing of Form GST TRAN-1 or accept the manual submission by a specified date. The petitioner's claim is to be processed thereafter in accordance with law.

Facts

The petitioner, a dealer in steel and iron scrap, could not upload their transitional input tax credit claim in Form GST TRAN-1 due to technical errors. Despite attempts to submit manually, no action was taken by the authorities.

Key Issues

Whether the petitioner should be allowed to file their transitional input tax credit claim manually or electronically due to technical glitches, given the time limitations prescribed.

Sections Cited

Section 140, Rule 117

AI-generated summary — verify with the full judgment below

HON’BLE SRI JUSTICE C.PRAVEEN KUMAR AND HON’BLE MS. JUSTICE J. UMA DEVI

WRIT PETITION No.7142 of 2019

ORDER:- (Per Hon’ble Sri Justice C.Praveen Kumar)

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking issuance of writ of Mandamus setting aside the letter of 1st Respondent dated 2.4.2019 as contrary to Circular No.39/2018, dated 3.4.2018 and Notification No.48/2018 dated 10.9.2018 and consequently direct the respondents to credit a sum of Rs.6,52,185/- to the Electronic Credit Ledger of the petitioner under GSTIN No.37AAUPN4226B1ZN maintained under the Central Goods and Service Tax Act, 2017 and the Andhra Pradesh Goods and Service Tax Act, 2017 respectively.

2.

Heard both sides and perused the record.

3.

The averments in the affidavit filed in support of the petition show that the petitioner is a dealer in steel and iron scrap material. The petitioner was registered as a dealer under the Central Excise Act, 1944 on the rolls of the 1st respondent. After the repeal of the Central Excise Act, 1944 with effect from 1.7.2017, the petitioner was issued a provisional login ID under the Centr

The judgment continues below.

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