Site icon Yes GST

Another Chance to File TRAN-1 by 30th June, 2020: Says Delhi HC

Cases:

Hon’able Delhi High Court in a Landmark Judgement has responded to four (4) Writ petition of similar facts  as mentioned Below

  1. BRAND EQUITY TREATIES LIMITED versus THE UNION OF INDIA & ORS.
    • W.P.(C) 11040/2018) and C.M. No. 42982/2018
  2. MICROMAX INFORMATICS LTD. versus UNION OF INDIA & ANR.
    • W.P.(C) 196/2019& CM APPL. 965/2019
  3. DEVELOPER GROUP INDIA PRIVATE LIMITED versus UNION OF INDIA & ORS.
    • W.P.(C) 8496/2019
  4. RELIANCE ELEKTRIK WORKS versus UNION OF INDIA & ORS.
    • W.P.(C) 13203/2019

Facts and submissions:

Petitioners contempt’s avail input tax credit of the accumulated CENVAT credit as of 30th June, 2017 by filing declaration Form TRAN-1 beyond the period provided under the Central Goods and Services Tax Rules, 2017 (hereinafter, the “CGST Rules”).

Additionally, petitioners also assail Rule 117 of the CGST Rules on the ground that it is arbitrary, unconstitutional and violative of Article 14 to the extent it imposes a time limit for carrying forward the CENVAT credit to the GST regime.

The accumulated CENVAT credit is the property of the assessee and a constitutionally protected right under Article 300A of the Constitution, which cannot be taken away by framing Rules without there being any substantive provision in this regard under the Act.

Judgement: 

Accordingly, since all the Petitioners have filed or attempted to file Form TRAN-1 within the aforesaid period of three years they shall be entitled to avail the Input Tax Credit accruing to them. They are thus, permitted to file relevant TRAN-1 Form on or before 30.06.2020.

Respondents (i.e. Government) are directed to either open the online portal so as to enable the Petitioners to file declaration TRAN-1 electronically, or to accept the same manually.

Among other things, court also stated that “We are also of the opinion that other taxpayers who are similarly situated should also be entitled to avail the benefit of this judgment.”

Click here to Download Full Judgement

Exit mobile version