Section 140 of the CGST Act, 2017 — Transitional Credit – Revision of Tran-1 under Rule 120A – The petitioner prayed for directions to the respondent authorities to reopen the GST portal for filing the GST TRAN-1 and allow the petitioner to rectify the inadvertent mistake. The petitioner did submit their Tran-1 and Tran-2 in terms of Supreme Court order dated 02.09.2022 in the case of Filco Trade Centre, however inadvertently a mistake was committed. The petitioner sought permission to revise but till date it has not been considered. The respondent relied upon the Circular dated 09.09.2022, which prohibits or restrains permission for grant of revising the Form Tran-1 and Tran-2. The petitioner counsel submitted that Rule 120A which was inserted subsequently w.e.f 15.09.2017 provides for revision of Tran-1 within the time period specified. The court observed that it cannot be said that the provision under Rule 120A would not be applicable. If it is accepted then the circular dated 09.09.2022 would have an overriding effect over the statute which otherwise may not be permissible under the law. All circulars and instructions issued by the respondents can be only of clarificatory in nature. The circular dated 09.09.2022 is primarily a clarification instructions and the same cannot have an overriding effect over the Act or the Rules.

Held that:- The Hon’ble High Court directed that the respondents No.1 & 2 may instruct the respondent No.5 to open the portal for once in terms of Rule 120A permitting the petitioner to revise the declaration, within the time limit provided by the Supreme Court i.e. by 30.11.2022.