Oder date – 03 August 2022

Key takeaways –

• The Petitioner Siemens Ltd. filed writ to set aside the Order-in-Appeal and to allow the refund of the unutilized CENVAT Credit. Further to allow the Petitioner to revise their ER-1 returns, based on which to file their revised GST TRAN-1.
• The issue was whether time limit prescribed under Rule 117 of CGST Rules is ultra vires the provision of Section 140 and Section 174 of the CGST Act or not.
• The Court observed that it would be open to the petitioner to file the appropriate form for availing the Transitional Credit following the order of the Supreme Court of India in Special Leave Petitions No(s). 32709-32710/2018.
• The Court held that if the petitioner avails the facility of filing the concerned forms through the common portal within the stipulated period in terms of the aforesaid order of the Supreme Court, appropriate action in accordance with law will be taken.