Articles 2nd Aug 2022
The recent decision of Hon’ble Supreme Court in the matter of Filco Trade Center Pvt. Ltd settles the long-drawn dispute as regards transitional credit wherein a direction was given to the authorities to reopen the GST portal open between September to October, in order to enable registered assessees to upload TRAN 1 & TRAN 2 forms and to further ensure that there are no technical glitches during those two months.
Against this backdrop, Jitendra Motwani, Partner; Rinkey Jassuja, Associate Partner and Alifya Vora, Associate at Economic Laws Practice (ELP) have co-authored an article for Taxsutra, titled ‘SC’s decision in Filco Trade – A Happy Ending to Undesirable Tale of Transitional Credit?’ In this article, the authors discuss the divergent views adopted by various High Courts on the controversy underlining the hardship faced by Taxpayers in carrying forward pre-GST regime credit on account of technical glitches. The article further suggests measures to be adopted by Revenue authorities to mitigate further litigation.