GSTN issues advisory on re-opening of TRAN forms to claim transitional ITC



Quick Summary
The GST Network (GSTN) has issued an advisory allowing aggrieved taxpayers to re-open and file or revise their TRAN-1 and TRAN-2 forms. This follows a Supreme Court order that permits taxpayers to claim transitional Input Tax Credit (ITC). The facility is available from 1 October 2022 to 30 November 2022 on the GST common portal.

Background

The Hon'ble Supreme Court of India vide order dated 22.07.2022 in the matter of Union of India vs. M/s. Filco Trade Centre Pvt. Ltd., SLP(C) No. 32709-32710/2018 have allowed the aggrieved taxpayers to file Form TRAN-1/TRAN-2 to claim the transitional Input Tax Credit (ITC). In compliance of the Hon'ble court's directive, the facility for filing TRAN-1/ TRAN-2 or revising the earlier filed TRAN-1/TRAN-2 on the GST common portal by aggrieved taxpayers, is now available on GSTN from 01.10.2022 till 30.11.2022.

GSTN Advisory: Re-open TRAN Forms for Transitional ITC

Attention

All the aggrieved taxpayers who wish to file or revise TRAN-1/2 are hereby informed that the present process flow of TRAN filing is different from the filing process in the financial year 2017-18. As per the present flow the transitional credit availed by the taxpayer in TRAN-1/2 forms shall be verified by the jurisdictional tax officer before the credit entry is made in the respective ledgers.

The TRAN filing process has been improved vis-à-vis previous instance and the user interface of the portal has been made simpler for the taxpayers to file their TRAN-1/2 forms. However, before attempting to file the TRAN forms, the taxpayers should note some important points as mentioned below which would help them in smooth filing of the forms.

TRAN-2 form shall be made available only if the taxpayer has filed TRAN-1 and have made declaration in table 7 of TRAN-1. The taxpayer is requested to fill the complete details afresh in case they are revising the earlier filed TRAN-2 Form.

To view / download the advisory, find the enclosed attachment

FAQ :

The advisory informs aggrieved taxpayers that they can now file or revise their TRAN-1 and TRAN-2 forms to claim transitional Input Tax Credit (ITC), following a Supreme Court directive.

Aggrieved taxpayers who wish to claim transitional Input Tax Credit (ITC) are eligible to file or revise their TRAN-1/2 forms.

The facility to file or revise TRAN-1/2 forms is available from 1 October 2022 until 30 November 2022.

The current process requires jurisdictional tax officers to verify the transitional credit claimed in TRAN-1/2 forms before it's entered into the respective ledgers. The user interface has also been simplified.

The TRAN-2 form will only be made available if the taxpayer has already filed TRAN-1 and made a declaration in Table 7 of TRAN-1.

Taxpayers are requested to fill in all the complete details afresh when revising their previously filed TRAN-2 form.




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