M/S Paras Trading Co. vs. Union Of INDIA And Ors.
Facts
The petitioner, M/s Paras Trading Co., filed a writ petition before the High Court of Punjab and Haryana. The respondents were the Union of India and other revenue authorities. The case concerns the availing of transitional credit under the Goods and Services Tax (GST) regime. The Supreme Court, in a batch of Special Leave Petitions (SLP (C) Nos. 7425-7428 of 2020), issued directions on July 22, 2022, regarding the filing and processing of transitional credit claims through TRAN-1 and TRAN-2 forms. Following these directions, the petitioner's counsel informed the High Court that the petitioner did not wish to press the instant writ petition.
Held
The High Court noted the directions issued by the Supreme Court in SLP (C) Nos. 7425-7428 of 2020. These directions mandated GSTN to open a common portal for filing or revising TRAN-1 and TRAN-2 forms for 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 prior writ petitions or ITGRC decisions. Concerned officers were given 90 days thereafter to verify claims and pass orders. The High Court observed that these directions had to be meticulously complied with. In light of these Supreme Court directions, the counsel for the petitioner stated that the instant writ petition was not being pressed. Consequently, the High Court disposed of the petition.
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 Supreme Court in SLP (C) Nos. 7425-7428 of 2020 dated 22.07.2022? (Question of law) Petitioner's contention: The petitioner, through its counsel, stated that it did not press the instant petition, implying acceptance of the Supreme Court's directions as a resolution mechanism. No specific arguments were recorded for the petitioner beyond this statement. Revenue's contention: The respondents, represented by senior standing counsel and DAG, Haryana, were present and acknowledged the Supreme Court's directions. They did not raise any objections to the petitioner's stance of not pressing the petition in light of the Supreme Court's order.
Sections Cited
TRAN-1, TRAN-2
AI-generated summary — verify with the full judgment below
CWP-16680-2022 (O&M) 1 116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-16680-2022 (O&M)
Date of Decision:05.08.2022 M/s Paras Trading Co. ....... Petitioner
versus Union of India and others ...... Respondents CORAM : HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE PANKAJ JAIN *** Present: Mr.Ankit Grewal, Advocate for the petitioner. Mr. T.K.Joshi, Senior Standing Counsel for respondents No. 1, 2 and 3. Ms.Shruti Jain Goyal, DAG, Haryana for respondents No. 4 and 5. *** TEJINDER SINGH DHINDSA,
J. (ORAL)
An advance copy of the writ paper book already stood served upon the respondents, Mr.T.K. Joshi, learned Senior Standing Counsel has entered appearance on behalf of respondents No. 1, 2 and 3 and Ms.Shruti Jain Goyal, learned DAG, Haryana has put in appearance for respondents No. 4 and 5. Counsel for the parties have brought to our notice the directions issued by the Hon'ble Supreme Court in SLP (C) Nos. 7425-7428 of 2020 dated 22.07.2022 and which read in the following terms:- SUNITA NAGPAL 2022.08.06 10:49 I attest to the accuracy and authenticiy of this order/judgment
CWP-16680-2022 (O&M) 2 “Upon hearing the counsel the
The judgment continues below.
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