M/S Astron Polymers PVT LTD vs. Union Of INDIA And Ors

CWP/4301/2021HC Punjab and HaryanaGSTCNR PHHC01013706202115 September 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE DEEPAK MANCHANDA3 pages
AI SummaryRemanded

Facts

The petitioner, M/s Astron Polymers Pvt. Ltd., filed a writ petition before the Punjab and Haryana High Court. The respondents, Union of India and others, brought to the Court's attention 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 July 22, 2022. These directions pertained to the opening of a common portal by GSTN for filing or revising TRAN-1 and TRAN-2 forms for availing transitional credit. The respondents assured meticulous compliance with these Supreme Court directions. In light of this assurance, the petitioner stated that they did not press the instant petition.

Held

The Court noted that the respondents had brought to its notice the directions issued by the Supreme Court in SLP (C) No.32709-32710 of 2018. These directions mandated GSTN to open a common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months (September 1, 2022, to October 31, 2022). The Supreme Court also directed that any aggrieved registered assessee could file or revise the relevant form, irrespective of whether a writ petition was filed or if the case was decided by the ITGRC. The concerned officers were given 90 days thereafter to verify claims and pass orders. The respondents assured meticulous compliance with these directions. In light of this assurance, the petitioner did not press the instant petition. The Court disposed of the petition accordingly.

Key Issues

1. Whether the directions issued by the Supreme Court in Union of India and another versus Filco Trade Centre Pvt. Ltd. and another (SLP (C) No.32709-32710 of 2018) are to be complied with by the respondents, specifically regarding the opening of the GSTN portal for filing/revising TRAN-1 and TRAN-2 forms for transitional credit. Petitioner's contention: The petitioner did not press the petition, implying acceptance of the Supreme Court's directions and the respondents' assurance of compliance. Respondents' contention: The respondents brought the Supreme Court's directions to the Court's notice and assured meticulous compliance, indicating their intention to follow the Supreme Court's order.

Sections Cited

TRAN-1, TRAN-2

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
CWP- 4301-2021 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP- 4301-2021 (O&M) Date of Decision: 15.09.2022 M/s Astron Polymers Pvt. Ltd., Faridabad ... Petitioner V/s. Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON’BLE MR. JUSTICE DEEPAK MANCHANDA Present : Mr. Rajiv Agnihotri, Advocate for the petitioner. Mr. Alankrit Bhardwaj, Jr.Standing Counsel for respondent Nos. 1 to 3. Ms. Shruti Jain Goyal, DAG, Haryana **** TEJINDER SINGH DHINDSA , J.(Oral) Counsel for the respondents have brought to our notice the directions issued by the Hon'ble Supreme Court in SLP (C) No.32709- 32710 of 2018 titled as Union of India and another versus Filco Trade Centre Pvt. Ltd. and another dated 22.07.2022 and which reads in the following terms:- “Upon hearing the counsel the Court made the following

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- 4301-2021 (O&M) 2 Delay condoned. Having heard learned Additional Solicitor General, learned counsel appearing for different States

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