Gsf Steels PVT.LTD. vs. Central Board Of Indirect Taxes And Customs

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WP(C)/14448/2019HC OrissaGSTCNR ODHC01044217201921 August 2019Bench: MR. JUSTICE K. S. JHAVERI (CJ),MR. JUSTICE K.R.MOHAPATRA1 pages
AI SummaryRemanded

Facts

The petitioner, M/s. GSF Steels (P) Ltd., filed a writ petition challenging the opposite parties' failure to provide assistance for uploading its GST TRAN-I Form on the GST Portal within the stipulated time. The petitioner sought to avail benefits under the Central Goods and Services Tax Act, 2017, and its Rules. The Court noted that the issue was covered by its previous decision in the case of M/s. Field Motor Private Limited, Telengapentha, Cuttack – v- Union of India and others.

Held

The Court held that the present writ petition was squarely covered by its prior decision in M/s. Field Motor Private Limited. In that case, the Court had directed the GST Council to reconsider the matter, taking into account the views of other High Courts and the fact that time for filing had been extended. Accordingly, the present writ petition was disposed of in terms of the directions issued in the Field Motor Private Limited case. The operative direction was to remit the matter back to the GST Council for reconsideration, implying that the petitioner's request for uploading the TRAN-I form would be considered by the Council.

Key Issues

1. Whether the Court should direct the GST Council to reconsider the petitioner's case for uploading the GST TRAN-I Form, considering the time extensions and the views of other High Courts? Petitioner's Argument: The petitioner, by implication, argued for relief by seeking assistance to upload the GST TRAN-I Form, implying a grievance against the inability to do so within the stipulated time. Revenue's Argument: The judgment does not record any specific arguments made by the revenue or opposite parties. However, the Court's decision to remit the matter to the GST Council suggests a consideration of the administrative and policy aspects related to the TRAN-I form filing.

Sections Cited

Central Goods and Services Tax Act, 2017, Rules framed thereunder

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

W.P.(C) No.17282 of 2018
W.P.(C) No.14448 of 2019

Read from the judgment's own cause title. This page is filed under one of them.

02.

21.08.2019

Heard learned counsel for the parties.

By way of this writ petition, the petitioner, which is a company named and styled as M/s. GSF Steels (P) Ltd., has challenged the action of opposite parties in not giving assistance to it for uploading the GST TRAN-I Form in the GST Portal under the Central Goods and Services Tax Act, 2017 and Rules framed thereunder within a stipulated time.

The issue involved in this writ petition is squarely covered by the decision of this Court in the case of M/s. Field Motor Private Limited, Telengapentha, Cuttack – v- Union of India and others in W.P.(C) No.17282 of 2018, which was disposed on 13.03.2019 and modified on 03.04.2019, with the following direction:

“Taking into consideration the views of other High Courts, we direct the GST Council to reconsider since the time is extended. Accordingly, the matter is remitted back to the GST Council to reconsider the case taking into consideration the ratio in the aforesaid case laws.”

In that view of the matter, this writ petition stands disposed of in terms of the direction of this Court in the case of Field Motor Private Limited (supra).

Urgent certified copy of this order be granted on proper application.

……..…………………

K.S. JHAVERI

(CHIEF JUSTICE)

……..……………………

K.R. MOHAPATRA

(JUDGE) akk

W.P.(C) No.14448 of 2019

Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.