Introduction
GST Law contains detailed provisions to carry forward the input tax credit earned by the GST Registered Persons [“Registered Person”] during the period before 1st of July, 2017. Such credit [left out credits] was to be carried forward/claimed in GST Forms Tran-1 and Tran-2 [T1 and T2] to be filled on GST portal ‘before 27.12.2017’. For those GST Registered Persons who could not carry forward/claim left out credit or who could not correctly carry forward/claim left out credits have been granted a one-time opportunity under the orders of honorable Supreme Court of India.
Details are:
“In accordance with the above referred directions of Hon‘ble Supreme Court, vide order dated 22.07.2022 in the matter of Union of India vs. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709-32710/2018 read with their order in in Miscellaneous Application No.1545-1546/2022 in SLP(C) No. 32709-32710/2018 the facility for filing TRAN-1/ TRAN-2 or revising the earlier filed TRAN-1/TRAN-2 on the common portal by an aggrieved registered assessee will be made available by GSTN during the period from 01.10.2022 to 30.11.2022.”
‘‘Registered Persons’ might not have carried forward/claimed ‘left out credit/‘correct left out credit before 27.12.2017. Now they may avail the opportunity to claim left out credit which is a one-time opportunity and should not be missed; otherwise it will have financial impact. Once ‘‘Registered Persons’ files T1/T2 or revises the T1/T2 filed earlier on the common portal, no further opportunity to again file or revise T1/T2, subsequently, will be available to them.
Guidelines for Registered Persons for filing TRAN-1/TRAN-2 or revising earlier filed TRAN-1/TRAN-2
1. There may be a situation that Registered Persons did not file declaration in FORM GST TRAN-1/TRAN-2 [T1/T2], now they may now file T1/ T2.
2. There may also be a situation that they had earlier filed TRAN-1/TRAN-2, but due to any left out credit in those forms, there is a need to revise earlier filed TRAN-1/TRAN-2. In such a case ‘‘Registered Person’ will be able to download previously filed T1/T2 from the GST Portal, facility to revise T1/T2 is made available by GST portal.
3. GST portal is presently open for filling new T1/T2 and revising old T1/T2 w.e.f. 01.10.2022 and will remain open up to 30.11.2022.
Action points, Registered Persons have to exercise
1. To check whether any Credit is pending to be claimed on the basis of Credit Transfer Document (CTD).
2. To check whether any credit is pending to be claimed in respect of such C-Forms, F-Forms and H/I-Forms which have been issued ‘before’ the 27th of December, 2017.
3. To also fill and submit Annexure ‘A’ to the jurisdictional tax officer, once T1/T2 is filed or revised.
4. To download a copy of the TRAN-1/TRAN-2 filed on the common portal and submit a self-certified copy of the same, along with declaration in Annexure ‘A’ and copy of TRANS-3, where ever applicable, to the jurisdictional tax officer within 7 days of filing of declaration in FORM TRAN-1/TRAN-2 on the common portal.
5. To keep all the requisite documents/records/returns/invoices, in support of the claim of transitional credit, ready for making the same available to the concerned tax officers for verification.
6. To take utmost care and precaution while filing or revising TRAN-1/TRAN-2 and thoroughly check the details before filing claim on the common portal. Kindly note that the details in FORM TRAN-1/ TRAN-2 on the common portal can be edited ‘only’ before clicking the ‘Submit’ button on the portal. Modification/editing, adding or deleting of any record in any of the table of the said forms will be allowed only before clicking the ‘Submit’ button. Once ‘Submit’ button is clicked, the form gets frozen and no further editing of details will be allowed.
7. To keep requisite documents/ records/ returns/ invoices in support of their claim of transitional credit ready. The declaration in FORM GST TRAN-1/TRAN-2 filed/revised by them will be subjected to necessary verification by the concerned tax officers. They 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, and thereafter, the jurisdictional tax officer will pass an appropriate order thereon on merits after granting appropriate reasonable opportunity of being heard to them. The transitional credit allowed as per the order passed by the jurisdictional tax officer will be reflected in their Electronic Credit Ledger on the common portal.
Registered Persons have to ensure that
1. They have submitted all returns for the period up to June, 2017 required under the existing law;
2. They have in possession of all documents, evidences, invoices, accounts, statutory declarations and other records necessary for substantiation of claim of transitional credit being made in T1/T2
3. They have NOT claimed any credit, within the meaning of sections 140, 141 and 142 of the Central/ State/ UT Goods and Services Tax Act, 2017, in any return in FORM GSTR-3B us; in which case special procedure will have to be followed.
4. They have NOT utilized or adjusted any amount of credit under the existing law, in response to any demand/ liability arising out of self-determination or assessment or audit or investigation, out of the amount being claimed as transitional credit in FORM GST TRAN-1/ TRAN-2;
5. They have all the accounts, information, records, documents and other necessary evidences in their possession which are true and correct.
Advised that earliest possible actions for completing procedural work related to checking of any left out claim should be taken to avoid last minute rush and possible mistake(s) that may occur due to hurry. Readers may feel free to call at 9814214503 or email at [email protected] for any clarification in this regard.
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