The Tamil Nadu State Government has issued a circular clarifying the issues regarding re-opening of TRAN-1/TRAN-2 as the Central Government has re-opened the window on the GST portal for the re-opening of transitional credit for the taxpayers who were unable to get the benefit following the Supreme Court decision in Union of India vs. Filco Trade Centre Pvt. Ltd.
The option of filing or revising TRAN1/TRAN-2 on the common portal during the period from 01.10.2022 to 30.11.2022 is a one-time opportunity for the applicant to either file the said forms, if not filed earlier, or to revise the forms earlier filed. The applicant is required to take utmost care and precaution while filing or revising TRAN-TRAN-2 and thoroughly check the details before filing his claim on the common portal.
The Government has clarified that those registered persons, who had successfully filed TRAN-1/TRAN-2 earlier, and who do not require to make any revision in the same, are not required to file/ revise TRAN-1/TRAN-2 during this period from 01.10.2022 to 30.11.2022.
“In this context, it may further be noted that in such cases where the credit availed by the registered person on the basis of FORM GST TRAN-1/TRAN-2 filed earlier, has either wholly or partly been rejected by the proper officer, the appropriate remedy in such cases is to prefer an appeal against the said order or to pursue alternative remedies available as per law. Where the adjudication/ appeal proceeding in such cases is pending, the appropriate course would be to pursue the said adjudication/ appeal.In such cases, filing a fresh declaration in FORM GST TRAN-1/TRAN-2, pursuant to the special dispensation being provided vide this circular, is not the appropriate course of action,” the circular said.
The declaration in FORM GST TRAN-TRAN-2 filed/revised by the applicant will be subjected to necessary verification by the concerned tax officers, The applicant may be required to produce the requisite documents/ records/ returns/ invoices in support of their claim of transitional credit before the concerned tax officers for verification of their claim.
“After the verification of the claim, the jurisdictional tax officer will pass appropriate order thereon on merits after granting an appropriate reasonable opportunity of being heard to the applicant. The transitional credit allowed as per the order passed by the jurisdictional tax officer will be reflected in the Electronic Credit Ledger of the applicant on the common portal,” it said.
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