M/S Shri Krishna Concrete Products, Panchkula vs. Union Of INDIA And Others

Facts

The petitioner, M/s Shri Krishna Concrete Products, filed a writ petition before the Punjab & Haryana High Court challenging an unspecified order or action by the revenue authorities concerning GST. The matter was listed for preliminary hearing on November 26, 2020, and was directed to be listed after the decision in SLP (C) Nos. 7425-7428 of 2020 before the Supreme Court. The Supreme Court, on July 22, 2022, passed specific directions regarding the filing and processing of transitional credit claims through TRAN-1 and TRAN-2 forms. Following the Supreme Court's order, the counsel for the petitioner stated that the instant petition was not being pressed.

Held

The Supreme Court, in SLP (C) Nos. 7425-7428 of 2020, directed the Goods and Service Tax Network (GSTN) to open a common portal for filing or revising forms for availing transitional credit (TRAN-1 and TRAN-2) for two months, from September 1, 2022, to October 31, 2022. Any aggrieved registered assessee was permitted to file or revise their forms, irrespective of whether they had filed a writ petition or if their case was decided by the ITGRC. The GSTN was to ensure no technical glitches occurred during this period. Concerned officers were given 90 days thereafter to verify claims and pass orders on merits after granting an opportunity to the parties. Allowed transitional credit was to be reflected in the Electronic Credit Ledger. The High Court noted that these directions were to be meticulously complied with. In light of these Supreme Court directions, the counsel for the petitioner stated that the instant petition was not being pressed.

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) Nos. 7425-7428 of 2020. Petitioner's contention: The petitioner, through its counsel, did not press the writ petition, implicitly accepting the directions issued by the Supreme Court as a resolution to the underlying issue. Revenue's contention: The revenue authorities, represented by their counsel, did not present any arguments as the petitioner withdrew the petition. However, the Supreme Court's order provided a mechanism for aggrieved assessees to file or revise their transitional credit claims.