2018 (9) TMI 373 - HC - GST

Unable to upload data to avail of CENVAT and VAT credit or credit on stock-in-trade - Circular No. 39/13/2018-GST dated 3rd April, 2018 - Held that - Petitioners state that they have already made a representation to the respondent authorities under the grievance mechanism and would pursue the said remedy. However, in case they are aggrieved by the final determination, they should be given liberty to challenge the order - The petitioners also reserve their right to challenge the constitutional vires if required and necessary. Petition disposed off.

Summary

Issues:
1. Grievance mechanism for cases related to CENVAT and VAT credit or credit on stock-in-trade.
2. Resolution of cases where assessees faced technical glitches in uploading data.
3. Petitioners' right to challenge final determination and constitutional vires if necessary.

Analysis:
1. The judgment addresses the grievance mechanism established by the Union of India to handle cases where assessees encountered difficulties in uploading data to claim CENVAT and VAT credit or credit on stock-in-trade. The Court notes that Circular No. 39/13/2018-GST, issued on 3rd April 2018, outlines the resolution process for such cases. It is highlighted that out of 17,000 cases, approximately 13,000 have been resolved satisfactorily. The Union of India assures that in instances where assessees faced technical glitches or other issues preventing data upload, appropriate benefits are provided. The Court acknowledges that the petitioners' case is also under consideration through the grievance redressal mechanism. Furthermore, it is emphasized that if any claim or representation is rejected, a detailed speaking order with reasons will be issued to the concerned petitioner.

2. The petitioners' legal counsel confirm that they have already submitted a representation to the respondent authorities under the grievance mechanism and intend to pursue this remedy. They also seek the liberty to challenge any final determination if they are dissatisfied with the outcome. Additionally, the petitioners reserve their right to challenge the constitutional validity of any decision if deemed necessary. In light of these submissions, the Court disposes of the writ petitions based on the statements made by the parties. The judgment clarifies that no comments have been made on the merits of the case and no costs are awarded in this matter.

3. The Court's decision underscores the importance of the grievance redressal mechanism in resolving issues related to CENVAT and VAT credit, ensuring that assessees facing technical challenges receive due consideration and benefits. By allowing petitioners the liberty to challenge final determinations and constitutional validity if required, the judgment upholds the principles of procedural fairness and access to legal remedies. The Court's focus on the effective implementation of the grievance mechanism reflects a commitment to addressing taxpayer concerns and ensuring a transparent and accountable tax administration process.