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        Case ID :

        2019 (5) TMI 784 - HC - GST

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        Court grants permission to file GSTR3B manually for August 2017 due to portal issues The court ruled in favor of the petitioners, granting them permission to file GSTR3B manually for August 2017 with correct details. The respondents were ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Court grants permission to file GSTR3B manually for August 2017 due to portal issues

                            The court ruled in favor of the petitioners, granting them permission to file GSTR3B manually for August 2017 with correct details. The respondents were directed to accept and acknowledge the manually filed return due to technical issues with the common portal that prevented accurate reflection of tax payments. Despite facing challenges in correcting the return online, the petitioners informed authorities of their tax liability discharge. The court highlighted the petitioners' persistent efforts and the lack of adequate response from the respondents, leading to the grant of interim relief.




                            Issues:
                            1. Filing of GSTR3B for August 2017 manually with correct details.
                            2. Acceptance and acknowledgment of manually filed GSTR3B by the respondents.
                            3. Direction to indicate discharge of GST liability for August 2017.
                            4. Relief sought by the petitioners.

                            Analysis:

                            Issue 1: Filing of GSTR3B manually
                            The petitioners sought permission to file GSTR3B for August 2017 manually due to technical issues with the common portal. They had already discharged their tax liability partly in cash and partly through Input Tax Credit (ITC). The system failure prevented them from uploading the return on time, leading to zero details in the submitted return.

                            Issue 2: Acceptance of manually filed GSTR3B
                            Despite the tax liability being paid by the petitioners, the common portal malfunctioned, resulting in the inability to reflect the payment details correctly. The respondents were directed to accept and acknowledge the manually filed GSTR3B for August 2017 to rectify the system error.

                            Issue 3: Direction to indicate discharge of GST liability
                            The petitioners had informed the authorities about the payment and discharge of their liability for August 2017 but faced challenges in correcting the GSTR3B return on the GSTN portal. The court directed the respondents to indicate the discharge of the petitioner's GST liability for August 2017 in the electronic liability register as required by Rule 88(2) of the CGST Rules, 2017.

                            Issue 4: Relief sought by the petitioners
                            Despite multiple representations to the authorities and delays in responses, the petitioners diligently pursued the matter. The court noted the lack of proper response from the respondents and granted interim relief to the petitioners, allowing them to file GSTR3B manually with correct details for August 2017.

                            The court found in favor of the petitioners, granting them permission to file GSTR3B manually for August 2017 with correct details and directing the respondents to accept and acknowledge the manually filed return. The court emphasized the petitioners' diligent pursuit of the matter and the lack of proper response from the respondents, leading to the grant of interim relief to the petitioners.
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                            Topics

                            ActsIncome Tax
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