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2018 (10) TMI 744 - HC - GSTUnable to upload FORM GST TRAN-1 - input tax credit - transitional provisions - migration to GST regime - form could not be uploaded for some system error - Held that - The respondents are directed to reopen the portal within two weeks from today. In the event they do not do so, they will entertain the application of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner.
Issues Involved:
Petitioner seeking writ of mandamus to extend time for filing GST Tran-1 due to technical issues. Analysis: The petitioner in this case sought a writ of mandamus from the High Court directing the GST council to make recommendations to the State Government to extend the time period for filing of GST Tran-1. The petitioner's application was not entertained on the last date, and it was alleged that the electronic system did not respond despite multiple efforts. As a result, the petitioner claimed to be at risk of losing entitled credit. The respondents, upon being served notice of the petition, indicated the formation of a new committee to address individual cases within two weeks but could not provide a specific date. The court granted the respondents one month to file a counter affidavit and scheduled the matter for further hearing. Additionally, the respondents were directed to reopen the portal within two weeks. Failure to do so would require them to manually process the petitioner's application and verify the claimed credits, ensuring the petitioner could pay taxes using the regular electronic system maintained for credit consideration. This judgment highlights the importance of timely filing under GST regulations and the need for technical systems to function effectively. The court's intervention through a writ of mandamus underscores the significance of ensuring that entitled credits are not lost due to system failures. The directive for the respondents to reopen the portal or manually process the application demonstrates the court's commitment to upholding the petitioner's rights in accessing the necessary credit. The case also illustrates the court's proactive approach in ensuring compliance with GST requirements while safeguarding the interests of taxpayers facing technical challenges beyond their control.
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