The Bombay High Court permitting the assessee to correct Form TRAN-1, rendered the department to acknowledge the problem of whether Form TRAN-1 and other forms that will be furnished or corrected by the applicant would be entertained as per the provisions of section 140 of the Central Goods and Services Tax Act, 2017 and Rule 117 (1) of the Central Goods and Services Tax Rules, 2017 or not.
The applicant furnished Form TRAN-I, however, it accidentally wouldn’t claim Rs. 13,17,956 on the Form TRAN-1. There was no choice available for the applicant to amend the Form TRAN-I post 27th December 2017. It holds a condition of amending the form only once prior to the due date. There is no acceptance of TRAN-I. As per the applicant, since the applicant lost to avail Rs. 13,17,956, the applicant seeks permission by making the representation to correct the mentioned glitch, which has not been permitted.
Rules 117 and 120A of the Central Goods and Services Tax Rules, 2017 has being challenged by the applicant. The applicant has sought the direction of the department to permit the amendment of Form TRAN-1 and Form TRAN 2 and permit the taxpayer to take credit beneath section 140(3) of the Central Goods and Services Tax Act, 2017 on the invoices missed out during the initial filing.
“In our view, the interest of justice would be served if we allow the petitioner to correct Form TRAN-1 in Writ Petition No. 1609/2019 and to file Form TRAN-2 without prejudice to the rights and contentions of both the parties. The respondents shall consider the issue of whether the Form TRAN-1 and other forms that would be filed/corrected by the petitioner can be entertained in accordance with the provisions of section 140 of the Central Goods and Services Tax Act, 2017 and Rule 117 (1) of the Central Goods and Services Tax Rules, 2017 or not.”
