Allow TRAN 1 Revision even for non Technical Errors : High court

By | April 2, 2019
(Last Updated On: April 2, 2019)

The Karnataka High Court has directed the petitioner to approach the jurisdictional Nodal Officer to revise the GST TRAN-1 for non-technical errors. The Court also directed the Nodal Officer to consider the grievances of the petitioner within four weeks after providing an opportunity of hearing to the petitioner. The assessee filed GST TRAN-1. Subsequently, they realized that the credit could be transferred by a centralized registered person only to other persons having the same PAN number and should be a place in the centralized registration obtained under Finance Act, 1994. Therefore, the assessee decided to file the revised FORM GST TRAN-1 and avail the credit amount inadvertently distributed to the Hyderabad branch. However, the request was rejected by the department. Though the assessee approached the GST help desk, it couldn’t secure the relief. Justice S Sujatha noted that Section 172 of the Act contemplates about the removal of difficulties wherein correction/ rectification/ revision of the FORM GST TRAN-1 can also be addressed on general or special basis, taking into account the ground realities qua effective implementation of Section 140 of the Act. “Considering these aspects, this Court is of the considered opinion that the petitioner is entitled to revise or rectify the errors in the FORM GST TRAN-1 in terms of Rule 120A wherein the Commissioner is empowered to extend the time period specified in Rule 117. As the petitioner is intending to revise the FORM GST TRAN-1 for the first time, the same squarely comes under Rule 120A. Hence, the respondent authorities ought to have considered the request/representation of the petitioner to permit or allow it to revise the declaration in FORM GST TRAN-1,” the Court said. While concluding, the Court added that “However, in view of the Nodal Officers being appointed to address the grievances of the tax payers due to technical glitches, it would be appropriate for this Court to direct the petitioner to approach the Nodal Officer appointed for the State of Karnataka in terms of the circular dated 03.04.2018.

It is the specific case of the petitioner that the error could not be rectified only due to the technical glitches. If so, It is incumbent on the Nodal Officer to address the grievances of the petitioner, considering the ground realities as discussed aforesaid.” Hence, the writ petition is disposed of with a direction to the petitioner to approach the jurisdictional Nodal Officer and the Nodal Officer is directed to consider the grievances of the petitioner in accordance with law in the light of the observations made herein above, in an expedite manner, in any event not later than four weeks from the date of the certified copy of the order, after providing an opportunity of hearing to the petitioner.

Karnataka High Court


WP 55914/2018

Honble Justice S.SUJATHA

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