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The Hon’ble Supreme Court of India in the case of Filco Trade Centres Pvt Ltd on 22 July 2022, has awarded the order in the favour of assessee and ordered the department to provide the facility for all the registered persons to claim transitional credit from 1st September 2022 till 30th October 2022.

Some of the key highlights are:

  • Any aggrieved party can file the relevant form or revise the already filed form irrespective of the fact that they have filed the writ petition before the high court or not.
  • The facility will allow the taxpayers to carry forward the unclaimed input tax credit that was accrued in the pre-GST tax regime due to non-filling of Form TRAN-1 / Tran-2 within the due date.
  • GSTN portal to be opened for availing Transitional Credit through Tran 1/ Tran 2.
  • The authorities have been given 90 days to verify the claims and pass orders after giving reasonable opportunity of being heard.
  • The SOPs for the same will be notified by the GST council in order to operationalize the window without any technical glitches during this period.

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