Supreme Court directs to Open GST portal for claiming Transitional Credit for two months

In a major relief to the taxpayers under the GST regime, the Supreme Court has directed to open the GST system enabling to claim transitional credit for two months. Earlier, various High Court have expressed a similar view and directed the Government to open the portal.

Transition Form 2 or TRANS-2 is filed by those registered taxpayers who are eligible to avail the credit in Electronic Cash Ledger with respect to eligible duties and taxes earlier paid on the inputs under the pre-GST regime. Justice SA Nazeer passed the order giving the following directions to the Government;

Firstly, 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.

The Court further directed the Central Board of Indirect Taxes and Customs (CBIC) to make further directions.

Source form - https://www.taxscan.in/supreme-court-directs-to-open-gst-portal-for-claiming-transitional-credit-for-two-months/193703/