Madras HC directs GST authority to allow filing of revised form TRAN-1 by opening GST Portal as benefit of ITC can’t be frustrated on ground of technicalities

Last updated: 28 November 2021

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The Madras High Court has ruled that the GST authority must allow companies to file a revised TRAN-1 form. This decision ensures that businesses do not lose out on Input Tax Credit (ITC) benefits simply because of minor technical errors in their initial filing. The court emphasised that beneficial schemes like ITC, designed to reduce tax cascading, should not be frustrated by procedural technicalities if there has been substantial compliance.

Court :
Madras High Court

Brief :
In Commissioner of GST and Central Excise and Ors. v. M/s. Bharat Electronics Ltd. [W.A.No.2203 of 2021 dated November 18, 2021] Hon'ble Madras High Court held that if there is substantial compliance, denial of benefit of Input Tax Credit ("ITC") which is a beneficial scheme and framed with the larger public interest of bringing down the cascading effect of multiple taxes ought not to be frustrated on the ground of technicalities.

Citation :
W.A.No.2203 of 2021 dated November 18, 2021

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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