A circular has been furnished by the Tamil Nadu State Government, mentioning the issues for re-opening of TRAN-1/TRAN-2 as the Central Government has again opened the window on the GST portal for the re-opening of transitional credit for the assessee who was unable to get the advantage of complying the Supreme Court decision in Union of India vs. Filco Trade Centre Pvt. Ltd.
The alternative of filing or editing TRAN 1/TRAN-2 on the common portal for the duration from the date 01.10.2022 to 30.11.2022 is a one-time opportunity for the applicant for filing the specified forms and if not furnished before or to amend the forms before furnished. The applicant would be needed to take care and precaution during form filing or amending TRAN1-TRAN-2 and comprehensively match the details prior to filing his claim on the common portal.
The government would have mentioned that those enrolled individuals who would have effectively furnished TRAN-1/TRAN-2 before, and who do not need to incur any amendment that would not be needed to file or amend TRAN-1/TRAN-2 during this time from 01.10.2022 to 30.11.2022.
Towards the concern, the same would be seen in the cases where the credit claimed via enrolled individual on the ground of FORM GST TRAN-1/TRAN-2 filed before, would be comprehensive or partly get cancelled by the proper officer, the specific remedy for the cases would to prefer a petition with respect to the mentioned order or see the other remedies that are available under law. For the cases in the adjudication/ appeal proceeding due, the major course is to seek the mentioned adjudication or petition. In the same cases furnishing a new declaration in FORM GST TRAN-1/TRAN-2, according to the certain dispensation being provided vide this circular, is not the right path of effort.
The declaration in FORM GST TRAN-TRAN-2 filed/edited via petitioner would comply with the needed verification via the concerned tax officers, The applicant might be needed to produce the requisite documents/ records/ returns/ invoices to support the claim of transitional credit towards the related tax officers for verification of their claim.
“After the verification of the claim, the jurisdictional tax officer will pass appropriate order thereon on merits after granting an appropriate reasonable opportunity of being heard to the applicant. The transitional credit allowed as per the order passed by the jurisdictional tax officer will be reflected in the Electronic Credit Ledger of the applicant on the common portal,” it added.
