M/S Khurana Trading Co vs. Union Of INDIA And Ors

Facts

The petitioner, M/s Khurana Trading Co., Kapurthala, filed a writ petition before the Punjab and Haryana High Court. 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 July 22, 2022. These directions mandated GSTN to open a common portal for filing or revising TRAN-1 and TRAN-2 forms for availing transitional credit for two months, from September 1, 2022, to October 31, 2022. The Supreme Court's order also stipulated a period for verification and passing of orders by concerned officers, and for the allowed credit to be reflected in the Electronic Credit Ledger. In light of the respondents' undertaking to comply with these directions, the petitioner 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, which mandated GSTN to open a common portal for filing/revising TRAN-1 and TRAN-2 forms for availing transitional credit for a period of two months (September 1, 2022, to October 31, 2022). The Supreme Court's order allowed any aggrieved registered assessee to file or revise the relevant form, irrespective of whether a writ petition was filed or the case was decided by the ITGRC. The concerned officers were given 90 days thereafter to verify the 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 comply with these directions, the petitioner did not press the writ petition. The petition was disposed of in terms of the Supreme Court's directions.

Key Issues

1. Whether the petitioner is entitled to avail transitional credit through TRAN-1 and TRAN-2 forms, considering the Supreme Court's directions in Union of India and another versus Filco Trade Centre Pvt. Ltd. and another (SLP (C) No.32709-32710 of 2018). The petitioner's side did not explicitly argue any specific issue as they did not press the petition. The respondents, Union of India and others, brought to the Court's notice the Supreme Court's order dated July 22, 2022. This order directed GSTN to open a common portal for filing/revising TRAN-1 and TRAN-2 forms for a specified period, allowing aggrieved registered assessees to file or revise their forms irrespective of prior writ petitions or ITGRC decisions. The respondents indicated their intention for meticulous compliance with these Supreme Court directions.