M/S Vidhya Laxmi Steel INDIA PVT LTD Faridabad vs. Union Of INDIA And Others

CWP/8963/2020HC Punjab and HaryanaGSTCNR PHHC01046829202005 August 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE PANKAJ JAIN3 pages
AI SummaryRemanded

Facts

The petitioner, M/s Vidhya Laxmi Steel India Pvt. Ltd., filed a writ petition before the Punjab & Haryana High Court. The matter was initially listed for preliminary hearing on 26.11.2020 and directed to be listed after the decision in SLP (C) Nos. 7425-7428 of 2020. The Supreme Court, on 22.07.2022, passed specific directions concerning the filing and processing of transitional credit claims through TRAN-1 and TRAN-2 forms. These directions mandated GSTN to open a common portal for two months, from 01.09.2022 to 31.10.2022, for aggrieved registered assessees to file or revise their forms. The Supreme Court also directed concerned officers to verify claims within 90 days thereafter and pass orders on merits. Following these directions, the counsel for the petitioner stated that the instant petition was not pressed.

Held

The Court noted that the Supreme Court, in its order dated 22.07.2022, had issued comprehensive directions regarding the filing and processing of transitional credit claims through TRAN-1 and TRAN-2 forms. These directions included opening a common portal for two months (01.09.2022 to 31.10.2022) for assessees to file or revise their forms, followed by a 90-day period for verification and adjudication by the concerned officers. The Court observed that these directions were to be meticulously complied with by the authorities. In view of these Supreme Court directions, the counsel for the petitioner stated that the instant petition was not pressed. Consequently, the High Court disposed of the petition as not pressed, acknowledging that the Supreme Court's order provided the necessary recourse for the petitioner's grievance. No specific issue was expressly left undecided.

Key Issues

1. Whether the Supreme Court's directions dated 22.07.2022 in SLP (C) Nos. 7425-7428 of 2020 provide adequate relief to the petitioner regarding their claim for transitional credit? 2. Whether the petitioner's writ petition is rendered infructuous in light of the Supreme Court's directions? Petitioner's Arguments: The petitioner, through their counsel, did not press the instant petition, implicitly accepting that the Supreme Court's directions provided a mechanism to address their grievance. No specific arguments were recorded for the petitioner beyond this stance. Revenue/Respondents' Arguments: The respondents, Union of India and others, were represented by counsel. However, the judgment does not record any specific arguments made by the respondents. Their role was primarily in response to the petitioner's petition and the subsequent Supreme Court order.

Sections Cited

TRAN-1, TRAN-2

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-8963-2020 (O&M) Date of Decision:05.08.2022 M/s Vidhya Laxmi Steel India Pvt. Ltd., Faridabad ... 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. Anshuman Chopra, 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 prop

The judgment continues below.

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