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2018 (9) TMI 805 - HC - GSTExtension of time period for filing of GST Tran-1 - application was not entertained on the last date i.e. 27.12.2017 despite several efforts - transitional credit - 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 - petition disposed off.
Issues:
1. Writ of mandamus sought to extend time for filing GST Tran-1. 2. Allegation of electronic system failure causing potential loss of credit. 3. Request for manual application processing and verification. Analysis: The petitioner sought a writ of mandamus directing the GST council to recommend extending the time for filing GST Tran-1 due to the petitioner's application not being entertained on the last date. Despite efforts on the deadline, the system did not respond, potentially causing loss of entitled credit. The respondents informed of a new committee formation likely to address individual cases within two weeks but could not provide a specific date. The court granted one month for the respondents to file a counter affidavit and scheduled the matter for further hearing. In the interim, the respondents were directed to reopen the portal within two weeks. Failure to do so would require manual processing of the petitioner's application, ensuring due verification of claimed credits. Additionally, the petitioner would be allowed to pay taxes through the regular electronic system, maintained for the credit under consideration. This judgment reflects the court's consideration of the petitioner's plea for relief due to system failure impacting credit entitlement. The directive for manual processing and verification, along with the reopening of the portal, aims to address the petitioner's concerns and ensure fair treatment regarding tax obligations and credit benefits. The court's approach demonstrates a balance between procedural requirements and the petitioner's rights in the context of GST Tran-1 filing.
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