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2019 (8) TMI 942 - HC - GSTExtension of time period for filing of GST TRAN-1 and TRAN-2 - 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 GST TRAN-1 and TRAN-2 of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner. List this matter on 24.09.2019.
Issues:
Petitioner seeking writ of mandamus to extend time period for filing GST TRAN-1 and TRAN-2 due to technical issues. Analysis: The judgment delivered by the High Court of Allahabad pertains to a petition filed by the petitioner seeking a writ of mandamus directing the GST council, respondent no.2, to make recommendations to the State Government to extend the time period for filing of GST TRAN-1 and TRAN-2. The petitioner's application was not entertained on the last date, leading to concerns about potential loss of entitled credit. The petitioner alleged that despite multiple attempts on the deadline, the electronic system of the respondent did not respond, creating a risk of credit loss due to the passage of time. The court, in response to the petitioner's plea, directed the respondents to take necessary actions. They were ordered to reopen the portal within two weeks from the date of the judgment. In case of failure to do so, the respondents were instructed to manually entertain the GST TRAN-1 and TRAN-2 of the petitioner and pass orders after verifying the claimed credits. Additionally, the respondents were mandated to ensure that the petitioner could pay taxes using the regular electronic system to utilize the credit likely to be considered for the petitioner's benefit. Furthermore, the court granted a month's time for the learned counsel of the respondents to file a counter affidavit. The matter was scheduled for listing on 24.09.2019, indicating a follow-up and continuation of the legal proceedings to address the petitioner's concerns effectively. This judgment highlights the court's intervention to safeguard the petitioner's rights in the context of technical issues affecting the timely filing and processing of GST-related documents, emphasizing the importance of upholding procedural fairness and protecting entitlements under the law.
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