PINNACLE MOTOR WORKS PVT. LTD. Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner is a private limited company and is a registered taxpayer under the provisions of the CGST/SGST Act. The dispute in this case pertains to the denial of transitional credit under Sec. 140 of the CGST Act, in relation to the Input Tax Credit available to the petitioner under the Kerala Value Added Tax Act and the Central Sales Tax Act. As per Sec. 140 of the CGST Act, the petitioner had earlier submitted applications in TRAN-1 and TRAN-2, seeking the carry forward of the said claim to the CGST regime on 27/12/2017. In the TRAN-1 filed in the year 2017, the petitioner claimed an amount of Rs.88,04,678.87 as the amount available to its credit which is to be carried forward to the CGST regime.

(2.) Later, owing to various discrepancies in submitting the TRAN-1 and TRAN-2 applications by the taxpayers across the country, the Honourable Supreme Court, passed a judgment in SLP(C) No.32709-32710/2018, permitting the taxpayers to revise the TRAN-1/TRAN-2 on or before 30/11/2022. According to the petitioner, as they omitted certain amounts in TRAN-1 earlier submitted, they submitted a revised TRAN-1 and TRAN2, on 29/10/2022. In the TRAN-1 application so submitted, the credit shown was Rs.6,84,886.00 and in TRAN-2 the figure shown was nil.

(3.) According to the petitioner, while submitting the revised TRAN-1 and TRAN-2 applications in the year 2022, they were under the impression that, a revised TRAN-1/TRAN-2 were required to be submitted for any additional claim to be put forward, other than the claim already made as per the earlier applications. It was in those circumstances, in TRAN-1, the additional amount was shown as Rs.6,84,886.00 without showing the earlier figure of Rs.88,04,680.00 and in TRAN-2, the amount was shown as nil, whereas the amount shown as per the earlier TRAN-2 was Rs.2,01,681.00.