M/S Multitech Products vs. UOI And Ors.

Facts

The petitioner, M/s Multitech Products, filed a writ petition before the Punjab & Haryana High Court. The respondents included the Union of India and other authorities. The core of the matter revolved around the petitioner's ability to claim transitional credit under the Goods and Services Tax (GST) regime. The Supreme Court, on July 22, 2022, passed significant directions concerning the filing and processing of transitional credit claims through forms TRAN-1 and TRAN-2. These directions were made in light of various High Court judgments and aimed to provide a window for aggrieved registered assessees to file or revise their claims. The High Court noted that the Supreme Court's order addressed the issues raised in such petitions.

Held

The High Court held that in view of the specific directions issued by the Hon'ble Supreme Court on July 22, 2022, the petitioner did not press the present writ petition. The Supreme Court's order mandated GSTN to open a common portal for filing transitional credit forms TRAN-1 and TRAN-2 from September 1, 2022, to October 31, 2022. This was to allow aggrieved registered assessees to file or revise their claims, irrespective of prior writ petitions or decisions by the ITGRC. The Supreme Court also directed concerned officers to verify claims within 90 days thereafter and pass orders on merits after granting an opportunity to the parties. The allowed transitional credit would then be reflected in the Electronic Credit Ledger. The High Court found it appropriate to dispose of the writ petition in compliance with these overarching directions.

Key Issues

1. Whether the petitioner is entitled to avail transitional credit through the filing of forms TRAN-1 and TRAN-2, considering the Supreme Court's directions dated July 22, 2022? The petitioner's counsel, in light of the Supreme Court's order, did not press the instant writ petition. The respondents, Union of India and others, were represented by their respective counsel. The Supreme Court's order, which was brought to the High Court's notice, provided a specific mechanism and timeline for assessees to file or revise their transitional credit claims. This order was issued after considering submissions from various parties and existing High Court judgments. The Supreme Court directed GSTN to open a common portal for filing TRAN-1 and TRAN-2 forms for two months, from September 1, 2022, to October 31, 2022, allowing any aggrieved registered assessee to file or revise their forms.