Transitional Credit — Section 140 of the CGST Act — The petitioner a dealer registered under the Act, submitted whether non-allowance of transitional Credit on account of inputs held in stock as on the appointed date under Section 140(3) of the Act, 2017 due to inability to file GST TRAN-2 before the due date as provided for in Rule 117 (4) of the Rules, 2017 is violative of Articles 14, 19(1) (g) and 265 of the Constitution of India and is grossly against the principles of natural justice and whether the petitioner is entitled to get an opportunity to file the declaration in TRAN-2 in order to be allowed to take transitional Credit on account of inputs held in stock as on the appointed date. Even after the due date technical issues while filing the transitional form in FORM GST TRAN-1 and TRAN-2 and as such could not filed the same within the stipulated due date. The petitioner sought for issuance of writ directing the respondents to reopen GST TRAN-2 ought to accept manual TRAN-2.
Held that:- The Hon’ble High Court directed the respondent authorities to reopen the form TRAN-2 or accept manual filing of GST TRAN-2 to allow the petitioner to claim transitional credit held in stock as on the appointed date after proper verification including the invoices. Such exercise has to be completed within 30.06.2020.—Subhas And Company Vs Commissioner of CGST And CX, Kolkata Northcommissionerate And Ors.  25 TAXLOK.COM 054 (Calcutta)