9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 940 - HC - GSTRefund of Tax paid - IGST - deemed export - application cannot be uploaded electronically - Held that - The procedure mandates that the demand for refund should be through an application uploaded electronically. The petitioner could not follow that procedure because of the unavailability of the online facility. The Government of India issued a circular for setting up an IT Grievance Redressal Mechanism to address the grievances of taxpayers due to technical glitches on GST Portal - So, here too, the petitioner may apply to the Nodal Officer. The petitioner applying, the Nodal Officer will look into the issue and facilitate the petitioner s uploading FORM GST TRAN-1 or any other applicable Form, without reference to the time-frame. Petition disposed off.
Issues: Refund of IGST paid, Procedure for refund application, Technical glitch on GST Portal, Relief sought through writ petition
In this judgment, the petitioner, a registered dealer under the Goods and Service Tax Act, sought a refund of ?1,62,72,000 being the IGST it paid for its supply of turmeric extract powder, which amounted to deemed export. The petitioner claimed refund through applications filed physically as the online facility was unavailable, contrary to the procedure mandating electronic application upload. The writ petition was filed as the applications were not processed per Ext.P14 circular. The Standing Counsel for the 3rd respondent suggested approaching the GST Network for application processing. The Government of India issued a circular for addressing taxpayer grievances due to technical glitches on the GST Portal, outlining the procedure for Nodal Officers to follow. The Court noted that not only the petitioner but others also faced technical glitches and were permitted to apply to the Nodal Officer for issue resolution. The Court directed the petitioner to apply to the Nodal Officer for facilitating the uploading of necessary forms without reference to the time-frame. The rejection orders on Exhibits P15, P16, and P17 were quashed, allowing the petitioner to claim the refund based on the physically filed applications. The respondents were directed to complete the process within three months.
|
