M/S Mainstreet Developers Private Limited vs. Union Of INDIA And Another
Facts
The petitioner, Mainstreet Developers Pvt. Ltd., filed a writ petition before the Punjab and Haryana High Court. The respondents, Union of India and another, brought to the Court's notice the directions issued by the Hon'ble 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 mandated GSTN to open a common portal for filing forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months, from 01.09.2022 to 31.10.2022. The Supreme Court's order also directed concerned officers to verify claims and pass orders on merits. In light of the respondents' undertaking to comply meticulously with these directions, the petitioner chose not to press the instant petition.
Held
The Court noted the directions issued by the Hon'ble Supreme Court in Union of India and another versus Filco Trade Centre Pvt. Ltd. and another. These directions included opening a common portal by GSTN for filing TRAN-1 and TRAN-2 forms for two months (01.09.2022 to 31.10.2022) to enable aggrieved registered assessees to file or revise their forms for availing transitional credit. The Supreme Court also directed concerned officers to verify the claims within 90 days thereafter and pass orders on merits after granting an opportunity to the parties. In response to the respondents' assurance of meticulous compliance with these directions, the petitioner stated that they did not press the instant petition. Consequently, the writ petition was disposed of in light of the Supreme Court's order and the respondents' undertaking.
Key Issues
1. Whether the petitioner is entitled to avail transitional credit under the Goods and Services Tax regime, considering the directions issued by the Hon'ble 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, through its counsel, did not press the instant petition, implying acceptance of the Supreme Court's directions as a resolution or a path forward for their claim. Respondents' contention: The respondents, represented by counsel, assured the Court of meticulous compliance with the directions issued by the Hon'ble Supreme Court. These directions provide a mechanism for taxpayers to file or revise TRAN-1 and TRAN-2 forms for availing transitional credit, with a stipulated timeline for verification and decision by the authorities.
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. SEEMA 2022.09.19 05:01 I attest to the accuracy and integrity of this document
CWP-9274-2020 (O&M) 2 Delay condoned. Having heard learned Additional Solicitor General, learned counsel appearing for different States and learned counsel appearing fo
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