Following the Supreme Court giving nod to open the GST window for filing of transitional credit after four weeks, the Goods and Services Tax Network (GSTN) has informed the taxpayers that it would facilitate the filing from 1st October 2022.
“Hon’ble Supreme Court while hearing an application from GSTN, has allowed extension of 4 weeks time to comply with their order dated 22/07/2022 issued in the matter of UOI &Anr. V/s Filco Trade Centre Pvt. Ltd. &Anr. bearing SLP (C) nos. 32709-32710/2018. Accordingly, GSTN would open the common portal for filing transitional credit through Tran 1 and Tran 2 w.e.f 01/10/2022,” the GSTN informed.
GSTN, the technical backbone of the GST, has to make changes in the system in order to comply with the directions of the Apex Court and the requirements of the taxpayers.
Last week, the Central Government has approached the Supreme Court seeking a direction to to keep the facility for 90 days from October to December this year. The application further cited technical reasons and difficulties in making changes in the system due to the monthly return filings.
In July, the Supreme Court, while hearing a bunch of petitions, directed the Government to open the GST system enabling to claim transitional credit for two months.
As per the Apex Court order, the GST portal shall be open for all assesses to claim transitional credit for 60 days from 01.09.2022 till 30.10.2022. the benefit shall be provided to all the assesses to obtain the benefit they have filed petitions or not. Secondly, the GSTN shall make sure that no technical glitches are arising during this time as most of the petitions and taxpayers missed the deadline due to delay in filing the returns on ground of technical issues. Once the filing is completed, 90 days shall be given to the officers to verify the claim of credit on merits and pass appropriate order. This shall be in terms with the natural justice principles and the opportunity of hearing to be granted to the assessee. Thereafter credit to reflect in Electronic Credit Ledger.
