M/S Vkg Metal Processor Faridabad vs. Union Of INDIA And Others

CWP/4311/2021HC Punjab and HaryanaGSTCNR PHHC01015505202115 September 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE DEEPAK MANCHANDA3 pages
AI SummaryRemanded

Facts

The petitioner, M/s VKG Metal Processor, Faridabad, filed a writ petition before the High Court of Punjab and Haryana at Chandigarh. The respondents were the Union of India and others. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history involves the filing of the writ petition challenging an unspecified order or action by an unspecified authority. The High Court was considering the petition in light of directions issued by the Supreme Court in SLP (C) No.32709-32710 of 2018.

Held

The High Court noted the directions issued by the Supreme Court in SLP (C) No.32709-32710 of 2018, which mandated GSTN to open a common portal for filing TRAN-1 and TRAN-2 forms for two months (September 1, 2022, to October 31, 2022). The Supreme Court also directed that any aggrieved registered assessee could file or revise their forms, irrespective of whether they had filed a writ petition or if their case was decided by the ITGRC. Concerned officers were given 90 days thereafter to verify claims and pass orders. In light of the respondents' assurance of meticulous compliance with these directions, the counsel for the petitioner stated that they did not press the instant petition. Consequently, the High Court disposed of the petition.

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 (SLP (C) No.32709-32710 of 2018). Petitioner's Contention: The petitioner did not press the instant petition in light of the respondents' submission of meticulous compliance with the Supreme Court's directions. Respondents' Contention: The respondents assured the Court of meticulous compliance with the Supreme Court's directions, which included opening a common portal for filing transitional credit forms (TRAN-1 and TRAN-2) for a specified period and allowing aggrieved assessees to file or revise forms.

Sections Cited

TRAN-1, TRAN-2

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
CWP- 4311-2021 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP- 4311-2021 (O&M) Date of Decision: 15.09.2022 M/s VKG Metal Processor, 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. Anshuman Chopra, Sr. 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- 4311-2021 (O&M) 2 Delay condoned. Having heard learned Additional Solicitor General, learned counsel appearing for different States and l

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