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Circular No. 180/12/2022

Date: September 9, 2022
Subject: Guidelines for filing or revising TRAN-1 and TRAN-2 pursuant to Supreme Court directions
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Description:

This circular provides guidelines for filing or revising FORM TRAN-1 and TRAN-2 to avail transitional input tax credit, in accordance with the directions of the Hon’ble Supreme Court in the Filco Trade Centre Pvt. Ltd. case.

It explains that the GST common portal was opened for a limited period from 1 October 2022 to 30 November 2022 to allow all aggrieved registered persons to either file TRAN-1/TRAN-2 or revise the forms already filed, irrespective of whether they had earlier approached courts or the IT Grievance Redressal Committee. This facility is a one-time opportunity, and once the forms are filed or revised during this window, no further chance for revision will be available.

The circular lays down detailed instructions for applicants, including uploading a prescribed declaration, furnishing supporting documents, and submitting a self-certified copy of the filed forms to the jurisdictional officer within seven days. It clarifies that editing of forms is allowed only before final submission on the portal and that care must be taken to avoid errors, as post-submission changes are not permitted.

It also clarifies that taxpayers who do not wish to revise previously filed TRAN-1/TRAN-2 are not required to take any action, and cases already adjudicated or under appeal should be pursued through the appropriate legal remedies. All claims filed or revised under this special dispensation will be subject to verification by tax authorities, and only admissible transitional credit, as determined after due process, will be credited to the electronic credit ledger.

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