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HC permitted revision of TRAN–1 as

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HC permitted revision of TRAN–1 as

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  1. HC permitted revision of TRAN–1 as Benefit of ITC can’t be denied on ground of technicalities

  2. 1. Brief Facts of the Case • M/s Bharat Electronics Limited (“BEL”) had accumulated Input Tax Credit under pre-GST regime of INR 14,97,28,201/-.  • BEL claimed the ITC by filing Form GST TRAN-01 on 30.10.2017, i.e., within the permitted time period under GST law. • While filing TRAN-01, BEL disclosed following amounts: • Column 5(b)-Balance Cenvat Credit- INR 14,97,28,201/-. • Column 6- Cenvat admissible as Input Tax Credit- INR 80,98,936/- (Mistakenly entered instead of entering complete amount of INR 14,97,28,201/-) • The Revenue viewed that the BEL is not entitled to Cenvat Credit as filing the wrong figure in Column 6 of form TRAN-1 is fatal to the claim the ITC earned in pre-GST regime.

  3. 2. Relevant Legal Extracts • Relevant extracts of the statute is reproduced below for ready reference: • Rule 117 prescribed the manner of transmission of ITC accumulated during pre-GST regime. • “Rule 117: Tax or Duty Credit Carried Forward under any Existing Law or on Goods Held in Stock on the Appointed Day (Chapter-XIV: Transitional Provisions) • (1) Every registered person entitled to take credit of input tax under section 140 shall, within ninety days of the appointed day, submit a declaration electronically in Form GST TRAN-1, duly signed, on the common portal specifying therein, separately, the amount of input tax credit to which he is entitled under the provisions of the said section: • ….”

  4. 3. Contention of the Revenue Authority • The Revenue Authority contended the following points: • As per Rule 120A of CGST Rules, 2017, form TRAN-01 can be revised only once and that too by 27.12.2017. In the given case, the BEL has already carried out a rectification. Therefore, it was not permissible to carry out one more correction. • The Revenue Authority also placed his reliance on precedence of: • Hon’ble Supreme Court in the matter of “ALD Automotive Private Limited v. Commercial Tax Officer, (2019) 13 SCC 225 (ALD Automotive)” and • Division Bench of Hon’ble High Court of Bombay in the matter of Nelco Limited v. Union of India [2020 SCC Online Bom 437] (Nelco). • Hon’ble High Court of Allahabad in the case of M/s.Ingersoll-Rand

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