The Madras High Court ruled that the last date to upload GST TRAN 1 for pursuing credit and correction of the credit should not be the same.
The applicant, M/s.Interplex Electronics India Pvt. Ltd has strived for the respondents to credit the amount, for the input tax credit (ITC) of Rs. 16,21,227 and Rs. 4,24,136 to the electronic credit ledger of the petitioner.
The applicant qualified for the transition of different elements of ITC toward section 140 of the CGST Act and declared a claim to the amounts of Rs. 16,21,227 and Rs. 4,24,136 under the proviso to Section 140(1).
As per Rule 117 of the CGST Rules, every GST registrant claiming for the transition of credit towards section 140 would file a declaration on form GSTR TRAN-1 in the common GST Portal within 90 days. On various occasions, the time limit was extended to cure the technical issues which causes glitches in the system. For simplifying the issues suffered by the assessee and the officials of the department in taking the latest process.
The was seen that rule 120A, does not mention the time limit for the amendment however, the limits can be deducted from timelines shown in rule 117. Under rule 120A the timelines should be of the duration over and above the mentioned timelines in rule 117.
The bench, the only transition does not build any vested right on the taxpayer as the eligibility credit was completely a distinct way that shall be tested through the assessing authority in their corresponding assessments.
The single bench of Justice Anitha Sumanth permitted the writ petition with the directive to finish it within a period of 8 weeks from the date of uploading of the same order on the official website of the Court.
For the respondent, the advocate G.Natarajan appeared for the petitioner and Richardson Wilson appeared.
