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2020 (10) TMI 1100 - HC - GST


Issues Involved:
1. Grievance regarding inability to file GST returns from May 2018 to October 2019 despite paying the liability.

Analysis:
The judgment revolves around the petitioners' grievance regarding the inability to file GST returns for the period from May 2018 to October 2019 despite having paid the liability. The petitioners highlighted that they had fulfilled their GST payment obligations from May 2018 to October 2019 as per the NCLT order. However, they faced a systemic issue where the GST portal did not allow them to file 3B returns for this specific period. This discrepancy led to the system adjusting their payment for this period with the returns filed for the previous period, causing operational challenges for the petitioners. Consequently, their E-way bill facility was locked on the GST portal, impacting their business operations significantly.

The court, after hearing arguments from both parties, directed the learned AGP to obtain instructions from the respondents regarding the petitioners' grievance as expressed in exhibit-K of the writ petition. The court ordered a standover to 29.10.2020 for further proceedings in this matter. Additionally, the court specified that the order would be digitally signed by the Private Secretary of the Court, emphasizing that all concerned parties should act upon the production of a digitally signed copy of the order via fax or email. This procedural direction aimed to ensure prompt and efficient communication and compliance with the court's directives.

In conclusion, the judgment reflects the court's cognizance of the technical issues faced by the petitioners in filing GST returns despite fulfilling their payment obligations. By directing the respondents to address the petitioners' grievance, the court demonstrated its commitment to resolving the operational challenges faced by businesses due to systemic discrepancies. The procedural instructions regarding the digitally signed order underscored the court's emphasis on efficient communication and compliance mechanisms in legal proceedings.

 

 

 

 

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