TRAN-1_ Submitted & once re amended but one invoice is missed
Query (Issue) Started By: – Prem Choudhary Dated:- 18-2-2019 Last Reply Date:- 23-2-2019 Goods and Services Tax – GST
Got 8 Replies
GST
Dear Expert
\nPlease advice , whether we have submitted TRAN-1 with due date and also one time has been amended but in claiming of Cenvat one invoice has been missed to claim in TRAN-1.
\nwhat are the way of claiming of missed invoice ? whether we can claim through refund ?
\nReply By Mahadev R:
\nThe Reply:
\nChances are very remote as information is not provided in TRAN-1. One option can be to provide the details in GSTR-3B treating it as other credits as it is the right of the assessee to claim the credit. Otherwise option of refund cou<\/p>\n
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Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ransitional credit should have been taken from GST TRAN-1. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" TRAN-1_ Submitted & once re amended but one invoice is missed Query (Issue) Started By: – Prem Choudhary Dated:- 18-2-2019 Last Reply Date:- 23-2-2019 Goods and Services Tax – GSTGot 8 RepliesGSTDear Expert Please advice , whether we have submitted TRAN-1 with due date and also one time has been amended but in claiming of … Continue reading “TRAN-1_ Submitted & once re amended but one invoice is missed”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-16835","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/16835","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16835"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/16835\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16835"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16835"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16835"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nReply By Prem Choudhary:
\nThe Reply:
\nSir
\nAs per judgement of Madras H.C , "Substantive credit can not be denied due to procedure".
\nTARA Export Vs UOI in W.P. (MD) No. 18532 of 2018, decided on 10-9-2018. = 2018 (9) TMI 1474 – MADRAS HIGH COURT
\nReply By KASTURI SETHI:
\nThe Reply:
\nWhen experts give opinion they do reply as per law. When law is not clear, then we take shelter of case law. There are so many judgements wherein it has been held that substantiative right cannot be denied due to procedural lapse but the department files appeal against such decisions. Every case law has different facts and circumstances. You cannot apply any judgement everywhere. Nobody likes l<\/p>\n
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