SC upheld High court order with respect to GST transition forms

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The Supreme Court of India has upheld the Punjab and Haryana High Court order directing the GST Department to Re-Open the facility to file or revise GST transition form i.e. TRAN-1 , either electronically or manually. The Punjab and Haryana High Court directed to permit the writ applicants to allow filing of declaration in form GST TRAN-1 and GST TRAN-2 , so as to enable them to claim transitional credit of the eligible duties in respect of the inputs held in stock on the appointed day in terms of Section 140(3) of the Act.

The high court said ,

“The due date contemplated under Rule 117 of the CGST Rules for the purposes of claiming transitional credit is procedural in nature and thus should not be construed as a mandatory provision.

The Respondents are at liberty to verify the genuineness of claim of Petitioners but nobody shall be denied to carry forward the legitimate claim of CENVAT / ITC on the ground of non-filing of TRAN-I by 27.12.2017″.

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