Transitional credit Claim| Enable filing of form GST TRAN-1 – HC

Siddhi Developers vs Union of India (Gujarat High Court)

It appears that if the petitioner could not upload the form GST TRAN­1 due to technical glitches and in spite of various representations made by the petitioner, he was not allowed to upload the form GST TRAN­1.

In view of the settled legal position as stated hereinabove, the petitioner is entitled to claim credit of CENVAT as well as service tax as on 30th June 2017 as per the provisions under Section 140(1) of the Act, 2017 read with Rule 117 of the Rules 2017.

 In such circumstances, respondent No.4, who is the jurisdictional officer, is directed to verify the claim of credit of CENVAT and service tax of the petitioner so as to enable the petitioner to carry forward by filing / uploading form GST TRAN­1 on GST portal.

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

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