2018 (6) TMI 172 - HC - GST

Addressing Petitioners' Migration Issues under GST Act: Emphasizing Procedure Adherence for Effective Redressal

The court addressed the difficulties faced by petitioners due to migration to the GST Act. Petitioners were granted liberty to file detailed ... GST portal issues - Redressal of grievances - Migration to GST Act - Held that:- similar issue decided in the case of Sare Realty Projects Private Limited Vs. Union of India & others [2018 (5) TMI 366 - DELHI HIGH COURT] - we dispose of the present petitions by granting liberty to those petitioners who have not filed any representation to file detailed and comprehensive representations raising all the pleas as raised in the present writ petitions before the Nodal Officer within a period of five days from the date of receipt of certified copy of the order - petition disposed off. Issues:1. Migration to GST Act causing difficulties for petitioners.2. Grievances of petitioners not adjudicated by Nodal Officer or Redressal Committee.3. Disposal of present petitions by granting liberty to file detailed representations.4. Procedure for handling representations and decision-making by IT Redressal Committee.Analysis:The primary issue in this case involves the difficulties faced by the petitioners due to the migration to the GST Act. The petitioners, who are registered under the Punjab VAT Act, CST Act, and GST Act, are filing returns and statements in compliance with the PVAT Act. However, the transition to the GST Act has presented challenges for them and other assessees, leading them to seek redressal from the court.A significant aspect of the judgment highlights the court's consideration of similar matters dealt with by the Delhi High Court in a common order dated 09.04.2018. The court adjourned the matters and granted the petitioners liberty to approach the Nodal Officer or Redressal Committee as per Circular No.39/13/2018-GST. While many petitioners had already submitted representations, no decisions had been made on them.Following the hearing and perusal of the present petitions, the court disposed of the petitions by allowing petitioners who had not filed representations to do so within five days. The representations, both new and previously filed, were to be forwarded to the IT Redressal Committee within fifteen days for decision-making. The Committee was directed to pass a speaking order after providing an opportunity for the petitioners to be heard and present evidence within four weeks from receiving the representations.The judgment outlines a clear procedure for handling representations and decision-making by the IT Redressal Committee, emphasizing the importance of affording petitioners the opportunity to present their case and lead evidence to substantiate their claims. This comprehensive approach aims to address the grievances of the petitioners effectively within the framework of the GST Act and related circulars.