2018 (11) TMI 1863 - HC - GST

Judgment on GST Act Provisions & IT Grievance Redressal Mechanism for Dealers

Xtreme Agro Farms Pvt. Ltd., Mr. Kunal Jaiswal Versus State Of Chhattisgarh, The Goods And Service Tax Council (GST Council), Union Of India Through Secretary Ministry Of Finance (Department Of Revenue)

The Court addressed challenges to the validity of provisions of the Goods and Services Act, 2017 and acknowledged difficulties faced by registered dealers ... Difficulty in logging and filing returns in TRAN-1 Form - Circular No.39/13/2018-GST - opportunity sought to approach the Nodal Officer to show his bonafide of having failed to file their return in question due to reasons not attributable to him, but technical glitches under GST Portal - HELD THAT:- The mechanisms which are required to be followed in such verification is indicated in the notification dated 03.04.2018. If the Petitioners approaches the competent authority with their grievances with a copy of this order, it will be considered within the framework of the mechanism in place in terms of the notification dated 03.04.2018 or such ancillary notification issued thereof and pass an appropriate direction as the need may be. Application disposed off. Issues:1. Challenge to the vires of provisions of Goods and Services Act, 2017.2. Difficulties faced by registered dealers in filing returns in TRAN-1 Form.3. Issuance of Circular No.39/13/2018-GST for IT Grievance Redressal Mechanism.4. Mechanism for addressing technical glitches on GST Portal.5. Petitioners seeking opportunity to approach Nodal Officer with grievances.6. Verification process and considerations under the notification dated 03.04.2018.Analysis:1. The judgment addressed the challenge to the validity of certain provisions of the Goods and Services Act, 2017 by the Petitioners. The counsel for the Petitioners acknowledged the difficulties faced by registered dealers in logging and filing returns in the TRAN-1 Form, even after extended deadlines had passed.2. The Court noted the issuance of Circular No.39/13/2018-GST by the Government of India, Ministry of Finance, which established an IT Grievance Redressal Mechanism to tackle the issues arising from technical glitches on the GST Portal. This mechanism aimed to provide relief to taxpayers encountering challenges in complying with the filing requirements.3. The Circular outlined the scope of the IT-Grievance Redressal Mechanism, emphasizing that it would address problems related to the Common Portal affecting a significant number of taxpayers. It specified the establishment of an IT-Grievance Redressal Committee to approve and recommend steps for redressing grievances caused by IT-related glitches.4. The judgment highlighted the procedure for addressing grievances through the mechanism, involving the identification of issues by GSTN and the appointment of nodal officers by GSTN, Central, and State governments to handle taxpayer problems due to glitches on the Common Portal. Taxpayers were required to provide evidence of attempts to comply with the law despite portal issues.5. The Court allowed the Petitioners to approach the Nodal Officer as per the notification, presenting their grievances and evidence of failure to file returns due to technical glitches. The verification process and necessary steps for resolution were detailed in the notification dated 03.04.2018, ensuring a structured approach to addressing such issues.6. Consequently, the judgment directed the Petitioners to follow the mechanism outlined in the notification and approach the competent authority with their grievances. The Court disposed of the writ applications based on the understanding that the Petitioners' concerns would be considered within the framework of the IT Grievance Redressal Mechanism established by the government.