SC grants one month extension to GSTN to allow filing of TRAN-1

Case Details: Union of India v. Filco Trade Centre (P.) Ltd. - [2022] 142 taxmann.com 89 (SC)

Judiciary and Counsel Details

• • S. Abdul Nazeer & V. Ramasubramanian, JJ.
  • N. Venkatraman, ASG Zoheb Hussain, Ms Alka Agarwal, Ms B.Sunita Rao, Ms Seema Bengani, Ms Vimla Sinha, Ms Shradha Deshmukh, Akshay Amritanshu, B. Krishna Prasad & Mukesh Kumar Maroria, AOR for the Petitioner.
  • Abhishek A. Rastogi, Pratyushprava Saha, Ajay Aggarwal, Advs. Rajan Narian, Santosh Krishnan & Nikhil Jain, AOR’s for the Appellant.

Facts of the Case

The revenue had filed SLP against the decisions of various High Courts in which the Court had allowed writ petitions filed by registered taxpayers seeking directions to avail Transitional Credit beyond statutory time limit. The Apex Court held that any aggrieved registered assessee can claim benefit irrespective of whether they have filed writ petition before High Court or not and GSTN was to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. September 1st 2022 to October 31st, 2022.

Supreme Court Held

Now, the revenue had requested the Honorable Supreme Court to provide extension of one month to open GSTN Portal. The Supreme Court has extended the time for opening the GST Common Portal for further period of four weeks. Now, GSTN is directed open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 from October 1st, 2022.