M/S Ethos LTD vs. Union Of INDIA And Ors

Facts

The petitioner, M/s Ethos Limited, Chandigarh, filed a writ petition before the High Court of Punjab and Haryana at Chandigarh. The respondents are the Union of India and others. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history that led to this writ petition is not detailed, other than the filing of the petition itself. The core of the matter revolves around the petitioner's grievance concerning transitional credit under GST, which is implicitly linked to the filing of TRAN-1 and TRAN-2 forms.

Held

The Court noted the directions issued by the Supreme Court in SLP (C) No.32709-32710 of 2018, which mandated the Goods and Service Tax Network (GSTN) to open a common portal for filing or revising TRAN-1 and TRAN-2 forms for a period of two months (September 1, 2022, to October 31, 2022). The Supreme Court further 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. The concerned officers were given 90 days thereafter to verify claims and pass orders on merits after granting an opportunity to the parties. The allowed transitional credit was to be reflected in the Electronic Credit Ledger. In light of the respondents' undertaking to meticulously comply with these Supreme Court directions, the counsel for the petitioner stated that the instant petition was not pressed. 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 SLP (C) No.32709-32710 of 2018? Petitioner's Contention: The petitioner, through their counsel, did not press the instant petition in light of the respondents' undertaking to comply with the Supreme Court's directions. This implies the petitioner was seeking a remedy related to transitional credit, which the Supreme Court's order addresses. Respondents' Contention: The respondents, represented by Sr. Standing Counsel Sharan Sethi, brought to the Court's notice the directions issued by the Supreme Court in Union of India and another versus Filco Trade Centre Pvt. Ltd. and another. They assured the Court of meticulous compliance with these directions. The Supreme Court's order mandates the opening of a common portal for filing/revising TRAN-1 and TRAN-2 forms.