Citation : 2022 Latest Caselaw 5684 Tel
Judgement Date : 7 November, 2022
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.P.Nos.13540 & 15345 of 2018 and 8227 of 2022
COMMON ORDER: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. V.Gopalakrishna Gokhaley, Mr. A.Venkatesh and
Mr. Kailashnath P.S.S., learned counsel for the petitioners;
Mr. B.Mukherjee, learned counsel representing
Mr. G.Praveen Kumar, learned Deputy Solicitor General of India
appearing for respondent No.1 and Mr. Swaroop Oorilla, learned
Standing Counsel for Central Board of Indirect Taxes and Customs
(CBIT) representing respondents No.2 to 5 in W.P.No.13540
of 2018 and respondents No.2 and 3 in W.P.Nos.15345 of 2018
& 8227 of 2022.
2. It is submitted that the present writ petition is covered by the
judgment of the Supreme Court in Union of India v. Filco Trade
Centre Pvt. Ltd.1 In the said decision, Supreme Court has
directed Goods and Service Tax Network (GSTN) to open the
common portal for filing concerned forms for availing transitional
2022 SCC Online SC 912 ::2::
credit through TRAN-1 and TRAN-2 for two months with effect
from 01.09.2022 to 31.10.2022 now extended to 30.11.2022.
Further, GSTN has been directed to ensure that there are no
technical glitches during the extended period. Concerned officials
have been given 90 days' time thereafter to verify the veracity of the
claim/transitional credit and to pass appropriate orders thereafter.
Supreme Court has also directed that the allowed transitional credit
should be reflected in the electronic credit ledger.
3. Accordingly, this writ petition is disposed of in terms of the
aforesaid judgment. No costs.
As a sequel, miscellaneous petitions, pending if any, stand
dismissed.
__________________ UJJAL BHUYAN, CJ
_______________________ C.V.BHASKAR REDDY, J Date: 07.11.2022 LUR ::3::
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