2018 (6) TMI 110 - HC - GST

GST return filling - seeking allowance of tax credit - prayer seeking to either reopen and reinstate the facility of online submission of TRAN-I to the petitioner or to accept the Hard copy of TRAN-I of the petitioner - Held that - It is appropriate to dispose of the present writ petition by permitting the petitioner to approach the concerned authorities and to raise a notice of demand in accordance with law within a period of two weeks from today - petition disposed off.

Summary

Issues:
Petitioner seeking mandamus for online submission of TRAN-I or acceptance of hard copy for Tax Credit.

Analysis:
The petitioner approached the High Court seeking a writ of mandamus under Articles 226/227 of the Constitution of India. The relief sought was the reopening and reinstatement of the facility of online submission of TRAN-I or acceptance of the hard copy for Tax Credit amounting to ?775050.00 in respect of GST liability. During the proceedings, the petitioner's counsel requested to withdraw the writ petition with liberty to raise a notice of demand before the authorities. The counsel further requested a direction to the respondents to decide the matter within a specified time frame after providing an opportunity of hearing to the petitioner and passing a speaking order. The High Court, after hearing the petitioner's counsel and examining the contents of the writ petition, decided to dispose of the petition by allowing the petitioner to approach the concerned authorities and raise a notice of demand within two weeks. If such a notice is raised, respondent No.4 is mandated to decide on it within the subsequent two weeks after providing an opportunity of hearing to the petitioner and passing a speaking order.

This judgment showcases the High Court's approach to balancing the petitioner's request for relief with the procedural requirements and principles of natural justice. The Court refrained from expressing any opinion on the merits of the case but facilitated the petitioner's recourse to the appropriate authorities for redressal. By allowing the withdrawal of the writ petition and providing a clear directive for the subsequent steps to be taken by the authorities, the Court ensured a structured and time-bound resolution process. The emphasis on affording the petitioner an opportunity of hearing and the issuance of a speaking order underscore the significance of due process and transparency in administrative actions. The judgment reflects a pragmatic and procedural approach to addressing the petitioner's grievances within the framework of the law.