2019 (12) TMI 1047 - HC - GST

Unable to upload Form GST ITC-01 - requirement of filing of form, after opting out of the composition scheme, on 10.10.2017 - HELD THAT - Without going into the veracity of the facts asserted by the petitioner, the writ petition is disposed of with direction to the respondents No.2 No.3 to consider petitioner s representation within a period of one month from receipt of certified copy of the order instant. Application disposed off.

Summary

Issues Involved:
Petitioner's grievance regarding the inability to upload Form GST ITC-01 after opting out of the composition scheme due to technical glitches and unavailability of the form on the GST Council website.

Analysis:
The petitioner raised a grievance in a writ petition concerning the failure to upload Form GST ITC-01 after opting out of the composition scheme on a specific date due to technical issues. It was contended that the form was not accessible on the GST Council website. The petitioner made efforts to contact the Nodal Officer, the GST Council, and submitted a representation to the Assistant Commissioner, State Goods and Service Tax, along with an email to the help desk of respondent No.3. Despite these actions, no response was received from the concerned officials. The court, without delving into the factual accuracy of the petitioner's claims, disposed of the writ petition with a directive to respondents No.2 & No.3 to review the petitioner's representation within one month from the receipt of the order. The petitioner was instructed to submit a photocopy or a fresh representation to the mentioned respondents, including copies of previous representations. Importantly, the court clarified that the direction to consider the petitioner's representation aimed at promptly addressing the grievance and should not be interpreted as a directive to decide the matter in a specific manner. Additionally, the stay application was also resolved in the judgment.