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2019 (12) TMI 163 - HC - GSTConstitution of Public Grievance Committees (PGC) at the local and commissionerate level - Revenue submits that in place of IT Grievances Redressal Mechanism , which was required to deal with all kind of grievances, including individual grievances relating to the working of the GSTN, the respondents are in the process of constituting Public Grievance Committees (PGC) at the local and commissionerate level, which would also redress IT Grievances - HELD THAT - It is not stated as to how and when the said committees would be constituted; what would be the structure and qualification of the persons who would be part of the said grievance committees, and; the mechanism that these committees would adopt to ensure that the grievances are adequately addressed, and do not remain unaddressed. It goes without saying that unless such committees have participation of the decision makers, their word may not matter and the grievance may remain unaddressed. We direct the respondents to file an affidavit within two weeks in this regard, listing all the particulars. In any event, till the constitution of the said committees at the local and commissionerate level, the grievances raised by the registered assessees cannot go un-redressed. Mr. Agarwal, further pointed out that various persons are raising tickets from time to time on issues with which they are confronted, but to no avail - till the constitution of PGCs, we direct that the Chairman and the CEO, GSTN shall be responsible to monitor, and they shall ensure the rederessal of all grievances relating to the GSTN, including IT related grievances in the working of the GSTN network, and to comply with our orders, as well as the aspects on which agreements have been reached and assurances have been given by the respondents - A status report shall be filed by the Chairman and the CEO, GSTN on the next date with regard to the grievances tickets raised; grievances/tickets addressed and resolved, and; outstanding grievances/tickets. List on 18.12.2019.
Issues: Implementation of IT Grievances Redressal Mechanism, Constitution of Public Grievance Committees, Redressal of GSTN-related grievances, Monitoring mechanism by Chairman and CEO of GSTN
Implementation of IT Grievances Redressal Mechanism: The petitioners highlighted that aspects agreed upon in previous meetings had not been fully implemented by the respondents. Meetings held on 7.10.2019 and 14.10.2019 also did not result in full implementation of resolved issues. The Senior Standing Counsel for the Revenue mentioned the process of constituting Public Grievance Committees (PGC) at local and commissionerate levels to address IT grievances. However, concerns were raised regarding the structure, qualification of committee members, and the effectiveness of the grievance redressal mechanism. The Court directed the respondents to submit an affidavit within two weeks detailing the particulars of the committees. Constitution of Public Grievance Committees: The Court emphasized that until the PGCs are established at local and commissionerate levels, grievances raised by registered assessees must not remain unaddressed. It was noted that individuals were raising tickets on various issues but not receiving satisfactory resolutions. The Chairman and CEO of GSTN were tasked with monitoring and ensuring the redressal of all GSTN-related grievances, including IT issues. They were also instructed to comply with previous orders and agreements. A status report on grievances raised, addressed, and outstanding was mandated to be filed by the Chairman and CEO on the next date. Redressal of GSTN-related grievances: The Court directed that the Chairman and CEO of GSTN are responsible for monitoring and ensuring the resolution of all grievances related to the GSTN network. This includes IT-related grievances within the GSTN's operations. The Chairman and CEO were required to provide a status report on grievances raised, addressed, and outstanding by the next hearing date. Monitoring mechanism by Chairman and CEO of GSTN: The Chairman and CEO of GSTN were instructed to oversee the redressal of all GSTN-related grievances, including IT issues, until the establishment of PGCs. They were tasked with ensuring compliance with court orders and previous agreements. A status report detailing grievances raised, addressed, and outstanding was to be submitted by the Chairman and CEO on the next hearing date. In conclusion, the High Court directed the respondents to take necessary steps to address the concerns raised regarding the implementation of the IT Grievances Redressal Mechanism and the constitution of Public Grievance Committees. The responsibility was placed on the Chairman and CEO of GSTN to monitor and ensure the redressal of all GSTN-related grievances until the establishment of the required committees. The Court emphasized the importance of timely and effective grievance redressal mechanisms to uphold the integrity of the GSTN network and ensure the rights of registered assessees are protected.
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