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Punjab and Haryana HC directs GST Department to Re-Open Facility to File or Revise Tran-1 either Electronically or Manually

November 5, 2019 admin Comments 0 Comment

The Punjab and Haryana High Court has directed Goods and Services ( GST ) department to file or revise Tran-1 either electronically or manually.

The High Court was hearing a bunch of Petitions, which Petitioners are registered under Central/State Goods and Services Tax Act, 2017 and seeking direction under Article 226 of Constitution of India to Respondents to permit carry forward of unutilized CENVAT credit of duty paid under Central Excise Act, 1944 and Input Tax Credit of VAT paid under PVAT Act, 2005 or HVAT Act, 2003 which could not be carry forwarded on account of non-filing or incorrect filing of prescribed statutory Form i.e. TRAN-1 by the stipulated last date i.e. 27.12.2017.

The division bench comprising of Justice Jaswant Singh and Justice Lalit Batra 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 Court also ruled that, “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”.

While concluding the Judgment, the Court also directed Respondents to permit the Petitioners to file or revise where already filed incorrect TRAN-1 either electronically or manually statutory Form(s) TRAN-1 on or before 30th November 2019.

“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”, the Court also added.

Source: Taxscan.

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A step-by step Guide for filing GST TRAN 2 Form

June 22, 2018 admin Comments 0 Comment

GST TRAN 2 can be filed only if TRAN-1 and GSTR 3B of the relevant tax period is filed.

GST Tran 2 Form

Step1 – Navigate to the TRAN 2 page of the desired tax period after logging in, Select the < Financial Year> and < Month>

Step2 – Table 4 of GST TRAN 2 would be enabled if records were declared in Table-7(a) (7B) of TRAN 1 and Table 5 would be enabled if records were declared in Table-7(d) of TRAN 1.

Step3 – Enter details of opening stock in Table 4 and Table 5 as declared in GST TRAN 1. Please ensure that all the HSN/goods are declared in GST TRAN 2, in the opening balance in the month of July, 2017, irrespective of the fact that these have been sold or not in the first i.e. July, 2017 tax period.

Step4 – Declare the details of sold goods from such stock in the first tax period and the Central/State and integrated tax paid on those goods and compute the ITC allowed and state this value in the applicable tables. ITC allowed should be less than or equal to (=) 60% of Central Tax or 30% of Integrated Tax.

Step5 – While filing Tran 2 of subsequent tax periods, the tax payer has to only declare the details of goods supplied/sold and the tax paid and ITC allowed. The opening stock gets auto-populated from the earlier tax period closing stock. And the closing sock is auto computed from the opening stock and the supplied quantity in the tax period.

Step6 – Save after entering each record in tables of GST TRAN 2.

Step7 – After entering all the records click “Preview” to download the pdf with draft summary values of GST TRAN 2. Verify the correctness of the entered data. If satisfied click “Submit” to freeze your declaration. Please verify thoroughly before submitting.

Step8 – Download the summary of your submitted TRAN 2 for your record by clicking on “Preview” again.

Step9 – Click on file with DSC or EVC and select the authorized signatory to file TRAN 2 for the tax period.

Step10 – After successful filing the message and email with the ARN number will be sent to the taxpayer.

Step11- The claimed ITC of central and state tax would be reflected in the ITC ledger of the taxpayer after filing of TRAN 2. It has to be noted that the ledger entries get posted after filing of TRAN 2 and not “Submit” (as is/was the case in TRAN 1).

Source: http://gst.gov.in

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Centre sets up IT Grievance Redressal Committee to deal technical glitches on GST portal

April 5, 2018 admin Comments 0 Comment

The government on Wednesday said it had set up a grievance redressal mechanism to address difficulties faced by taxpayers due to technical glitches on the GST portal.

Under the new mechanism, if any taxpayer was unable to file any form or return due to a technical glitch by the due date, he/she would be allowed to do so within a stipulated time period.

In case any taxpayers could not complete the process of GST filing TRAN-1 (transitional credit form) in time due to the IT glitch, he/she would be allowed to complete the process by 30 April.

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The filing of GSTR-3B return for such TRAN-1 will have to be completed by 31 May, the Finance Ministry said.

It added that the GST Council has delegated powers to an IT Grievance Redressal Committee to approve and recommend steps to be taken to redress the grievances and provide relief to the taxpayers.

The taxpayers would have to approach field officers/nodal officers where there was a demonstrable glitch on the common portal due to which the due process could not be completed.

“The IT Grievance Redressal Committee shall examine and approve the solutions as may be necessary for an identified issue,” an official statement said.

The relief could be in the nature of allowing the filing of any form or return, or amending any form or return already filed, it said.

“The decision relating to filing of TRAN-1 will benefit 17,573 taxpayers who will consequently be able to avail of Rs 2,582.98 crore as Central GST credit and Rs 1,112.77 crore as State GST credit,” the statement said.

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Due date for submission of GST TRAN-2 FORM extended

March 29, 2018 admin Comments 0 Comment

Extension of date for submitting a statement in FORM GST TRAN-2 under Central Goods and Service Tax Rules, 2017 till the 30^th day of June 2018.

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

New Delhi, the 28th March, 2018

Order No. 1 /2018 – Central Tax

Subject: Extension of date for submitting the statement in FORM GST TRAN-2 under rule 117(4)(b)(iii) of the Central Goods and Service Tax Rules, 2017

In exercise of the powers conferred by sub-clause (iii) of clause (b) of sub-rule (4) of rule 117 of the Central Goods and Services Tax Rules, 2017 read with section 168 of the Central Goods and Services Tax Act, 2017, the Commissioner, on the recommendations of the Council, hereby extends the period for furnishing the statement in FORM GST TRAN-2
under sub-clause (iii) of clause (b) of sub-rule (4) of rule 117 of the Central Goods and Services Tax Rules, 2017 till the 30th day of June, 2018.

(Upender Gupta)
Commissioner (GST)