Breif Issue :

ISSUE INVOLVED :

In many cases where TRAN-1 could not be filed or wrongly filed by Dec-27-2017 , would be allowed to carry forward their unutilized credits or not ?

FACT OF THE CASE :

• Writ petition were filed by Various Taxpayers who are not being able to carry forward their unutilized credit of Duty Paid under (“CEA,1944) and Input Tax Credit of VAT Paid under Punjab VAT Act, 2005 (“PVAT Act”) or Haryana VAT Act ,2003 (“HVAT Act”)
• Writ Petitions in 102 different cases were filed .

THE PETITIONER HAS MENTIONED THE FOLLOWING REASONS FOR WHICH THE WRIT HAS BEEN FILED :

• (Reason for not filing or wrongly filing the form) – Press release showing last date Dec-31-2017 , Lack of proper Knowledge of computer System ,Complexity In filing different columns of TRAN-1, System Glitches ,Etc.
• They also have contented that unutilized credits are vested rights of the taxpayers Which cannot be washed away ,and no section or rule of CGST Act provides that unutilized ITC would lapse, if TRAN-1 is not filed by Due Date .
• Thus, refund in cash may be sanctioned in terms of proviso to Section 142(3) of CGST Act if it is held that petitioners are not entitled to carry forward unutilized ITC because they failed to file TRAN-1 by December 27,2017.