M/S Bhartiya Spinners Panipat vs. Union Of INDIA And Others

CWP/13383/2020HC Punjab and HaryanaGSTCNR PHHC01066163202005 August 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE PANKAJ JAIN3 pages
AI SummaryRemanded

Facts

The petitioner, M/s Bhartiya Spinners, Panipat, filed a writ petition before the Punjab & Haryana High Court challenging an unspecified order or action related to 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. The parties brought to the Court's notice that the Supreme Court had passed directions on July 22, 2022, concerning the filing and processing of transitional credit 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 pressed.

Held

The Supreme Court, in SLP (C) Nos. 7425-7428 of 2020, directed GSTN to open a common portal for filing or revising TRAN-1 and TRAN-2 forms for two months, from September 1, 2022, to October 31, 2022. This direction applies to any aggrieved registered assessee, irrespective of whether they had filed a writ petition or if their case was decided by the ITGRC. GSTN is to ensure no technical glitches occur during this period. Concerned officers are granted 90 days thereafter to verify claims and pass orders on merits after affording an opportunity to the parties. Allowed transitional credit is to be reflected in the Electronic Credit Ledger. The GST Council may issue guidelines for scrutinizing claims. In light of these Supreme Court directions, the petitioner did not press their writ petition.

Key Issues

1. Whether the Goods and Service Tax Network (GSTN) should be directed to open a common portal for filing or revising forms for availing Transitional Credit through TRAN-1 and TRAN-2, and if so, for what period? (This issue arises from the Supreme Court's consideration of High Court judgments on peculiar circumstances and the need to allow aggrieved registered assessees to file or revise forms.) Petitioner's contention: Not explicitly recorded as the petition was not pressed. However, the existence of the writ petition implies a grievance regarding transitional credit. Respondents' contention: Not explicitly recorded as the petition was not pressed. The respondents are Union of India and others, and the State of Haryana.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-13383-2020 (O&M) Date of Decision:05.08.2022 M/s Bhartiya Spinners, Panipat ... Petitioner Versus Union of India & others ... Respondents CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE PANKAJ JAIN. Present: Mr. Balwinder Singh, Advocate for the petitioner. Mr. Sourabh Goyal, Sr. Standing counsel, for respondents No.1 to 3. Ms. Shruti Jain Goyal, DAG, Haryana, for respondent No.4. ... TEJINDER SINGH DHINDSA, J. (ORAL). Matter had come up for preliminary hearing on 26.11.2020 and it had been directed to be listed after decision in SLP (C) Nos. 7425-7428 of 2020. Counsel for the parties have brought to our notice that in the aforementioned matter the Hon'ble Supreme Court has passed the following directions on 22.07.2022:- “Upon hearing the counsel the Court made the following

Permission to file Special Leave Petition (s) is allowed.

Delay condoned.

Having heard learned Additional Solicitor General, learned counsel appearing for different States and learned counsel appearing for different private parties and having perused the record, we are of the view that it is just and proper to issue the foll

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.