Madras High Court
M/S.Pee Yel Jay International vs Goods And Service Tax Council on 5 March, 2021
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.853 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)Nos.853, 854, 856 & 861 of 2021
W.P.(MD)No.853 of 2021
M/s.PEE YEL JAY INTERNATIONAL,
Rep. by its partner Jaganathan,
811/4, Thiruvengadam Salai,
Sankarankoil – 627 756,
Tirunelveli District. ... Petitioner
Vs.
1. Goods and Service Tax Council,
Rep. by its Chairman,
Department of Finance,
New Delhi.
2. The Principal Chief Commissioner,
Goods and Services Tax Act,
GST Bhavan, 26/1, Mahatma Gandhi Road,
Nungambakkam, Chennai – 600 034.
3. Union of India,
Rep. by its Secretary,
Ministry of Finance, Department of Revenue,
North Block, New Delhi – 110 001.
4. The Chairman,
Goods and Service Tax Network(GSTIN),
East Wing, World Mark-1,
4th Floor, Tower B, Aerocity,
Indira Gandhi International Airport,
New Delhi – 110 037.
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2 W.P.(MD)NO.853 OF 2021
5. The Nodal Officer/The Joint Commissioner of
GST and Central Excise,
O/o. The Joint Commissioner of GST and Central Excise,
Tirunelveli.
6. The Deputy Commissioner,
O/o. The Deputy Commissioner of CGST & Central Tax,
Kovilpatti Division,
913-C, Catholic Centre, Main Road,
Kovilpatti – 628 501. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing
the first respondent to TNVAT credit the amount of
Rs.10,18,143/- filed in Form TRAN 1 declaration into
Electronic Credit Ledger of the petitioner GST
No.33AAPFP7604Q1ZK or enable the petitioner to file
respondent to either open the portal so as to enable the
petitioner to again file TRAN-1 electronically or to accept a
manually filed TRAN-1 within a time frame as fixed by this
Court and treat it as filed in accordance with law.
W.P.(MD)No.854 of 2021
M/s.JAISAR SPINTEX PRIVATE LIMITED,
Rep. by its Director J.Lakshmanan,
132-N, Thiruvengadam Salai,
Sankarankoil – 627 756,
Tirunelveli District. ... Petitioner
Vs.
1. Goods and Service Tax Council,
Rep. by its Chairman,
Department of Finance,
New Delhi.
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3 W.P.(MD)NO.853 OF 2021
2. The Principal Chief Commissioner,
Goods and Services Tax Act,
GST Bhavan, 26/1, Mahatma Gandhi Road,
Nungambakkam, Chennai – 600 034.
3. Union of India,
Rep. by its Secretary,
Ministry of Finance,
Department of Revenue,
North Block, New Delhi – 110 001.
4. The Chairman,
Goods and Service Tax Network(GSTIN),
East Wing, World Mark-1,
4th Floor, Tower B, Aerocity,
Indira Gandhi International Airport,
New Delhi – 110 037.
5. The Nodal Officer/The Joint Commissioner of
GST and Central Excise,
O/o. The Joint Commissioner of GST and Central Excise,
Tirunelveli.
6. The Deputy Commissioner,
O/o. The Deputy Commissioner of CGST & Central Tax,
Kovilpatti Division,
913-C, Catholic Centre, Main Road,
Kovilpatti – 628 501. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing
the first respondent to TNVAT credit the amount of
Rs.18,38,916/- filed in Form TRAN 1 declaration into
Electronic Credit Ledger of the petitioner GST
No.33AAACJ3941J1ZP or enable the petitioner to file
respondents to either open the portal so as to enable the
petitioner to again file TRAN-1 electronically or to accept a
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4 W.P.(MD)NO.853 OF 2021
manually filed TRAN-1 within a time frame as fixed by this
Court and treat it as filed in accordance with law.
W.P.(MD)No.856 of 2021
M/s.SREE JAISAR SPINNING MILLS PRIVATE LTD.,
Rep. by its Director J.Lakshmanan,
132-N, Thiruvengadam Salai,
Sankarankoil – 627 756,
Tirunelveli District. ... Petitioner
Vs.
1. Goods and Service Tax Council,
Rep. by its Chairman,
Department of Finance,
New Delhi.
2. The Principal Chief Commissioner,
Goods and Services Tax Act,
GST Bhavan, 26/1, Mahatma Gandhi Road,
Nungambakkam, Chennai – 600 034.
3. Union of India,
Rep. by its Secretary,
Ministry of Finance,
Department of Revenue,
North Block, New Delhi – 110 001.
4. The Chairman,
Goods and Service Tax Network(GSTIN),
East Wing, World Mark-1,
4th Floor, Tower B, Aerocity,
Indira Gandhi International Airport,
New Delhi – 110 037.
5. The Nodal Officer/The Joint Commissioner of
GST and Central Excise,
O/o. The Joint Commissioner of GST and Central Excise,
Tirunelveli.
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5 W.P.(MD)NO.853 OF 2021
6. The Deputy Commissioner,
O/o. The Deputy Commissioner of CGST & Central Tax,
Kovilpatti Division,
913-C, Catholic Centre, Main Road,
Kovilpatti – 628 501. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing
the first respondent to TNVAT credit the amount of
Rs.1,13,334/- filed in Form TRAN 1 declaration into Electronic
Credit Ledger of the petitioner GST No.33AAOCS3057N1ZV
or enable the petitioner to file respondents to either open the
portal so as to enable the petitioner to again file TRAN-1
electronically or to accept a manually filed TRAN-1 within a
time frame as fixed by this Court and treat it as filed in
accordance with law.
W.P.(MD)No.861 of 2021
M/s.Golden Textiles,
Rep. by its Proprietosr Jeya Chitra,
811/8, Thiruvengadam Salai,
Sankarankoil – 627 756,
Tirunelveli District. ... Petitioner
Vs.
1. Goods and Service Tax Council,
Rep. by its Chairman,
Department of Finance,
New Delhi.
2. The Principal Chief Commissioner,
Goods and Services Tax Act,
GST Bhavan, 26/1, Mahatma Gandhi Road,
Nungambakkam, Chennai – 600 034.
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6 W.P.(MD)NO.853 OF 2021
3. Union of India,
Rep. by its Secretary,
Ministry of Finance, Department of Revenue,
North Block, New Delhi – 110 001.
4. The Chairman,
Goods and Service Tax Network(GSTIN),
East Wing, World Mark-1,
4th Floor, Tower B, Aerocity,
Indira Gandhi International Airport,
New Delhi – 110 037.
5. The Nodal Officer/The Joint Commissioner of
GST and Central Excise,
O/o. The Joint Commissioner of GST and Central Excise,
Tirunelveli.
6. The Deputy Commissioner,
O/o. The Deputy Commissioner of CGST & Central Tax,
Kovilpatti Division, 913-C, Catholic Centre, Main Road,
Kovilpatti – 628 501. ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, directing
the first respondent to TNVAT credit the amount of
Rs.2,00,600/- filed in Form TRAN 1 declaration into Electronic
Credit Ledger of the petitioner GST No.33ABVPJ3952G1ZF or
enable the petitioner to file respondents to either open the
portal so as to enable the petitioner to again file TRAN-1
electronically or to accept a manually filed TRAN-1 within a
time frame as fixed by this Court and treat it as filed in
accordance with law.
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7 W.P.(MD)NO.853 OF 2021
(in all W.Ps.)
For Petitioners : Mr.S.Karunakar
For Respondents : Mr.K.Prabhu,
Standing Counsel.
***
COMMON ORDER
Heard the learned counsel on either side.
2. The petitioners were the registered dealers under the Tamil Nadu Value Added Tax Act, 2006 under the State Government. Following the implementation of GST Regime on 01.07.2017, the petitioners had to make the necessary migration. It is seen from the materials enclosed in the typed set of papers that they had filed the requisite Form TRAN 1 declarations. Unfortunately, ITC available to them was not reflected in the Electronic Credit Ledger. Therefore, the petitioners have been submitting representation after representation. Unfortunately, the respondents had taken the stand that the petitioners did not even file Form TRAN 1. This response appears to be a stereotyped one and it is running https://www.mhc.tn.gov.in/judis/ 7/12 8 W.P.(MD)NO.853 OF 2021 counter to the material enclosed in the record. The petitioners have enclosed the screen shot to show that they had filed the TRAN 1. Their only grievance is that in the Electronic Credit Ledger, ITC has not been carried forward. In any event, well before the cut of date, namely, 31.03.2020, the petitioners have been knocked the doors of the respondents. Therefore, the petitioners are entitled to relief. The issue is no longer res integra.
3. The learned counsel for the petitioners drew my attention to the decision of the Hon'ble Division Bench of the Delhi High Court in W.P.(C) No.3798 of 2019 (M/s.Blue Bird Pure Pvt. Ltd. Vs. Union of India and Others). In the said case also, the dealer had committed an inadvertent error in showing the available stock of goods in column 7(d) of the Form insetad of 7(a) of the Form. The Hon'ble Division Bench of Delhi High Court held as follows:-
“In the present case, the Court is satisfied that, although the failure was on the part of the Petitioner to fill up the data concerning its stock in Column 7(d) of Form TRAN-1instead of Column 7(a), the error was inadvertent. The Respondents ought to have provided in the system https://www.mhc.tn.gov.in/judis/ 8/12 9 W.P.(MD)NO.853 OF 2021 itself a facility for rectification of such errors which are clearly bona fide. It should be noted at this stage that although the system provided for revision of a return, the deadline for making the revision coincided with the last date for filing the return i.e. 27th December, 2017. Thus, such facility was rendered impractical and meaningless”
4.The decision of the Hon'ble Division Bench of Delhi High Court is squarely applicable to the case on hand.
5. Since the petitioners have clearly made out a case for grant of relief, the jurisdictional officer/6th respondent is directed to verify the correctness of the facts projected in the petition mentioned representations dated 20.02.2020 and on being satisfied with the same, forward the petitioners' case to the Nodal Officer, namely, fifth respondent herein who will coordinate with the first respondent so that the petition mentioned credit amounts filed in Form TRAN 1 are duly carried forward to the petition mentioned Electronic Credit Ledger pertaining to the respective writ petitioners. This exercise shall be carried out and completed within a period of https://www.mhc.tn.gov.in/judis/ 9/12 10 W.P.(MD)NO.853 OF 2021 twelve weeks from the date of receipt of a copy of this order.
6. These writ petitions are allowed accordingly. No costs.
05.03.2021
Index : Yes / No
Internet : Yes/ No
PMU
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/ 10/12 11 W.P.(MD)NO.853 OF 2021 To:
1. Goods and Service Tax Council, Rep. by its Chairman, Department of Finance, New Delhi.
2. The Principal Chief Commissioner, Goods and Services Tax Act, GST Bhavan, 26/1, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034.
3. Union of India, Rep. by its Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi – 110 001.
4. The Chairman, Goods and Service Tax Network(GSTIN), East Wing, World Mark-1, 4th Floor, Tower B, Aerocity, Indira Gandhi International Airport, New Delhi – 110 037.
5. The Nodal Officer/The Joint Commissioner of GST and Central Excise, O/o. The Joint Commissioner of GST and Central Excise, Tirunelveli.
6. The Deputy Commissioner, O/o. The Deputy Commissioner of CGST & Central Tax, Kovilpatti Division, 913-C, Catholic Centre, Main Road, Kovilpatti – 628 501.
https://www.mhc.tn.gov.in/judis/ 11/12 12 W.P.(MD)NO.853 OF 2021 G.R.SWAMINATHAN,J.
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