2018 Taxo.online 410

W.P.(C) 8691/2018, CM NOS.38569/2018 & 43568/2018 dated 16.10.18

INDUSIND MEDIA COMMUNICATIONS LTD AND ANR.

UNION OF INDIA & ORS.

2018

GST

Central Goods & Services Tax Act, 2017

Hon’ble Mr. S. Ravindra Bhat, Justice and Hon’ble A.K. Chawla, Justice

In favour of assessee

High Court

Delhi

Represented by: –

Petitioner: – Mr. Monish Panda and Mr. Mrinal Bharat Ram, Advs.

Respondent: – Mr. Gautam Narayan, ASC, GNCTD with Ms. Urvi Mohan and Mr. Shivan Vij, Advs.Mr. Amit Bansal, Sr. Standing Counsel with Mr. Rishab Gulati, Adv.

Order: –

We have heard counsel for the parties.

In the previous order, this court had noticed the petitioners’ basic grievance with respect to its credits not being reflected in its electronic credit ledger account – (A) : in regard to transitional credit (i.e. transactions prior to 30.06.2017) which in turn affected the credit for the later period, (B) : post 01.07.2017 credit.

The petitioners had relied upon the Tran-I. According to counsel for the respondents it discloses facially that in respect of its Delhi office/unit, the input credit of Rs.7.54 crores was available as on 27.12.2017. The said chart is as follows:

Sl. No.	Registration No. under existing law (Centralized)	Tax period to which the last return filed under the existing law pertains	Date of filing of the return	Balance eligible CENVAT credit carried forward in the said last return	GSTIN of receivers (same PAN) of ITC of Central Tax	Distribution document invoice No.	Date	ITC Central Tax transferred
1	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	37 AABCG219 B226	001	24/08/ 2017	900000
2	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	18AABCG2 21981Z7	002	24/08/ 2017	2000000
3	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	07 AABCG221 9B1ZA	12	24/08/ 2017	74500000
4	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	24AABCG2 219B2ZD	11	24/08/ 2017	52100000
5	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	29 AABCG221 9B2Z3	10	24/08/ 2017	21800000
6	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	09AABCG2 219B1Z6	009	24/08/ 2017	3133427
7	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	21AABCG2 219B1ZK	007	24/08/ 2017	1170000
8	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	16AABCG2 219B1ZB	008	24/08/ 2017	900000
9	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	29AABCG2 21982Z3	005	24/08/ 2017	240451
10	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	23AABCG2 219B1ZG	006	24/08/ 2017	350715
11	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	30AABCG2 219B121	003	24/08/ 2017	1200000
12	AABCG22 19B5D002	062017	24/08/2017	37,33,83,587.00	34AABCG2 219B2ZD	004	24/08/ 2017	239106

 

It is submitted that with respect to the error in the reflection of such credit in its electronic account, the matter was referred to the Grievance Redressal Forum of the GST Council which has noted in its minutes of meeting dated 21.08.2018 that the petitioners have a grievance which needs to be addressed.

It is highlighted that the reflection of Tran-I credit in GSTR-3 is essential as it would ultimately impact the availability of credit for the entire duration – both transitional credit and input credit for the period 01.07.2017 onwards. Learned counsel submits that unless appropriate directions are given to the respondents, it is likely to face severe adverse financial crisis because in the absence of credit, it would have to pay cash throughout the country to the tune of Rs.37 crores.

The GSTR-3B form – in the relevant table dealing with eligible ITC, talks of total ITC available; ITC reversed and the net ITC available. As the deadline for completing this form and availing the credit is 20.10.2018, the respondents are hereby directed to permit the petitioners to fill the GSTR-3 form manually in a manner, as to permit it to claim a credit, subject to the final outcome of the proceedings.

It is clarified that in the GSTR-3B form, the petitioner can claim transitional as well as the post 01.07.2017 input tax credit.

List on 23.01.2019.

Dasti under signatures of the Court Master.