M/S Ramco Steels PVT LTD Faridabad vs. Union Of INDIA And Others
Facts
The petitioner, M/s Ramco Steels Pvt. Ltd., filed a writ petition before the High Court of Punjab and Haryana at Chandigarh. The respondents, Union of India and others, brought to the Court's notice the directions issued by the Supreme Court in SLP (C) No. 32709-32710 of 2018 titled Union of India and another versus Filco Trade Centre Pvt. Ltd. and another, dated 22.07.2022. These directions pertained to the filing of forms for availing Transitional Credit through TRAN-1 and TRAN-2. In light of the respondents' undertaking to comply with these Supreme Court directions, the counsel for the petitioner stated that they did not press the instant petition.
Held
The Court noted the directions issued by the Supreme Court in SLP (C) No. 32709-32710 of 2018. These directions included opening a common portal by GSTN for filing TRAN-1 and TRAN-2 forms for two months (w.e.f. 01.09.2022 to 31.10.2022) for any aggrieved registered assessee to file or revise their forms. The Supreme Court also directed that concerned officers would have 90 days thereafter to verify the claims and pass orders on merits after granting an opportunity to the parties. The Supreme Court further directed that allowed transitional credit would be reflected in the Electronic Credit Ledger. In light of the respondents' undertaking to comply with these directions, the counsel for the petitioner stated that they did not press the instant petition. The Court disposed of the petition accordingly.
Key Issues
1. Whether the petitioner is entitled to avail transitional credit through TRAN-1 and TRAN-2 forms, considering the directions issued by the Supreme Court in Union of India and another versus Filco Trade Centre Pvt. Ltd. and another. The petitioner's contention was not explicitly recorded as they did not press the petition. The respondents, Union of India and others, brought to the Court's notice the Supreme Court's directions in SLP (C) No. 32709-32710 of 2018. These directions mandated GSTN to open a common portal for filing TRAN-1 and TRAN-2 forms for two months (01.09.2022 to 31.10.2022) for aggrieved registered assessees to file or revise their forms, irrespective of prior writ petitions or ITGRC decisions. The respondents assured meticulous compliance with these directions.
Sections Cited
TRAN-1, TRAN-2
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Cause title — parties, addresses and appearances
Permission to file special leave petition(s) is allowed. AJAY GOSWAMI 2022.09.20 10:25 I attest to the accuracy and authenticity of this order/judgment
CWP- 4295-2021 (O&M) 2 Delay condoned. Having heard learned Additional Solicitor General, learned counsel appearing for different States an
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