Syama Prasad Mookerjee Port, Kolkata vs. Addl Commissioner, CGST And Cx, Kolkata North Commissionerate And Anr.

Original PDF →
FMA/743/2024HC CalcuttaGSTCNR WBCHCA022064202414 January 2025Bench: THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA7 pages
AI SummaryAllowed

Facts

The appellant, Syama Prasad Mookerjee Port, Kolkata, challenged an order passed by the Additional Commissioner, CGST and CX, Kolkata North Commissionerate. The core issue stemmed from a discrepancy in the data uploaded to the GST portal. The appellant contended that while they had filed revised returns for the period October 2016 to March 2017, the data from these revised returns was not fully populated into the new integrated ACES-GST Application system. Instead, the system reflected data from the original returns. This discrepancy prevented the resolution of the issue by the adjudicating authority or the Tribunal. The High Court, in a previous order dated June 25, 2024, had held the writ petition to be maintainable and directed the respondents to clarify the facts and provide a report. The revenue authorities, in an affidavit, confirmed that the data pertaining to the revised returns had not migrated completely to the new system.

Held

The Court held that the appellant's case had to be accepted in light of the stand taken by the department. The Court found that the department had confirmed that the data pertaining to the revised returns had not migrated completely to the new integrated ACES-GST Application system, and the data from the original return was being reflected. Consequently, the Court allowed the appeal, setting aside the impugned order. The Court directed the authorities to make the necessary correction in the portal and issue a revised order accepting the stand taken by the appellant/assessee. The Court clarified that this exercise should not be misconstrued as a remand for initiation of fresh proceedings. The entire exercise was to be completed within four weeks from the date of receipt of the server copy of the order.

Key Issues

1. Whether the writ petition was maintainable for rectification of data uploaded on the GST portal, considering the inability of the adjudicating authority or Tribunal to resolve such technical data migration issues (as per Section 73 or related provisions concerning demand and recovery, and Section 149 concerning correction of errors)? 2. Whether the appellant's contention regarding incomplete data migration of revised returns is correct, and if so, what rectifications are necessary? Contentions of the Appellant: The appellant argued that the discrepancy arose due to an error in data population where the revised return's Part B was not duly populated into the department's domain. They asserted that this issue could not be resolved by the adjudicating authority or the Tribunal, necessitating intervention by the writ court. They relied on the principle that the writ court can issue appropriate directions for rectification by the appropriate authority. Contentions of the Revenue/State: The revenue authorities, through an affidavit, confirmed that the data relating to the revised Service Tax returns filed by the appellant had not migrated completely to the new integrated ACES-GST Application system, and therefore, the data pertaining to the original return was being reflected in the new system. They did not contest the factual basis of the appellant's claim regarding data migration.

Sections Cited

Section 73, Section 149

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
14.01.2025 Item No.18 gd/ssd FMA/743/2024 SYAMA PRASAD MOOKERJEE PORT, KOLKATA VS ADDL COMMISSIONER, CGST AND CX, KOLKATA NORTH COMMISSIONERATE AND ANR. IA NO: CAN/1/2024 Mr. Sujit Ghosh, ld. Sr. Adv.. Ms. Mannat Waraich, Ms. Anshika Agarwal, Mr. Pujon Chatterjee, Mr. Sutosom Bhattacharyya ..for the Appellant. Mr. Vipul Kundalia, ld. Sr. Adv.. Mr. Anindya Kanan, Mr. D. Chaudhuri ..for CGST Authorities. 1. We have heard the learned advocates for either of the parties. 2. Reference may be made to the order dated 25.6.2024 by which the writ petition which was dismissed was held to be maintainable. In paragraphs 4 and 5 of the said order the following had been noted and recorded: “4. From the comparison of the two returns, i.e. Page 76 and Page 136 of the Stay petition, we find that PART A which deals with the general information there is no discrepancy. However, with regard to PART B, viz. the value of taxable services and service tax payable, the figures reflected do not tally with PART B of the revised return which was filed on 21.07.2017. According to the appellant, when the data was populated, there is error wherein PART B of the revised return was not 2 duly populated into the domain of the Department. Admittedly, this issue cannot be resolved by the adjudicating authority or for that matter, the learned Tribunal and so far the writ court is concerned, it can issue appropriate directions, if on facts, it is found that the submission of the appellant is correct to the appropriate authority viz. the Central Board of Indirect Taxes and Customs, through Directorate General of Systems & Data Management, the 2nd respondent herein for necessary rectification. 5. Therefore, we are of the view that the writ petition was maintainable and we entertain this appeal. The 2nd respondent is directed to furnish the necessary instructions. The 1st respondent being the Additional Commissioner, CGST & CX, Kolkata North Commissionerate is directed to clarify the facts and file a report in the form of an affidavit and the 2nd respondent shall also produce their response to the plea by the appellant requesting correction of the information uploaded in the Portal. Since we have entertained this appeal, no coercive action shall be initiated against the appellant for enforcing the demand which has been crystallized in the order in original dated 16.11.2023.” 3. In response to the directions issued in the above order, the Assistant Commissioner (Legal), Kolkata North Commissionerate, CGST & CX who has been authorized by the respondent nos.1 and 2 has filed an affidavit dated 10th December, 2024 disclosing certain facts. 4. For better appreciation, paragraphs 4 and 5 of the affidavit are quoted hereinbelow: “4. That in compliance of the order aforesaid dated 25th June, 2024 passed by this Hon'ble Court, it is humbly submitted that with the rollout of GST, the department moved to the 3 new Integrated ACES- GST Application and migrated the data of Central Excise and Service Tax to the new application. The data relating to the Service Tax returns filed in respect of M/s Shyama Prasad Mukherjee Port, Kolkata having Service Tax Registration no. AAA JK 0361 LS T002 is verified in the databases of both the new integrated ACES - GST Application and the Legacy ACES Application is tabulated below: TABLE-A RETURN/ MONTH RETURN YEAR OPENING BALANACE CLOSIN G 10 2016 28745834 300455 41 10 2016 28745834 300455 41 11 2016 28745834 341481 71 11 2016 28745834 341481 71 12 2016 28745834 484241 72 12 2016 28745834 484341 72 1 2017 48434172 388382 68 1 2017 48434172 388382 68 2 2017 38838268 303951 35 2 2017 38838268 303951 35 4 3 2017 30395135 375368 43 3 2017 30395135 375368 43 Data as per Legacy ACES Application: TABLE-B I. October 2016- March 2017(original) MONTH- YEAR CREDIT TYPE OPENING BALANCE CLOSIN G BALANC E 10-2016 CENVAT 28745834 300455 41 11-2016 CENVAT 30045541 341481 71 12-2016 CENVAT 34148171 484241 72 01-2017 CENVAT 48434172 388382 68 02-2017 CENVAT 38838268 303951 35 03-2017 CENVAT 30395135 375368 43 II. October 2016-March 2017( Revised) MONTH- YEAR CREDIT TYPE OPENING BALANCE CLOSI NG BALAN CE 5 10-2016 CENVAT 28745834 341283 85 11-2016 CENVAT 34128385 395149 87 12-2016 CENVAT 39514987 595931 50 01-2017 CENVAT 59593150 486427 00 02-2017 CENVAT 48642700 711980 28 03-2017 CENVAT 71198028 748925 05 III. October 2016-March 2017 (Reviewed) MONTH- YEAR CREDIT TYPE OPENING BALANCE CLOSI NG BALAN CE 10-2016 CENVAT 28745834 341283 85 11-2016 CENVAT 34128385 395149 87 12-2016 CENVAT 39514987 595931 50 01-2017 CENVAT 59593150 486427 00 02-2017 CENVAT 48642700 711980 28 03-2017 CENVAT 71198028 748925 05 5. That on examination of data retrieved from both the systems for the said period i.e October 2016 to March 2017 it is confirmed that the appellant has filed the revised return for the period, however, data pertaining to the 6 revised return have not migrated completely to the new integrated ACES-GST Application system and therefore the data pertaining to the original return is being reflected in the new system.” 5. In the light of the above stand taken by the department, the case of the appellant/assessee has to be accepted and necessary rectification has to be done. 6. Though Mr. Ghosh, learned senior advocate appearing for the appellant prayed for quashing the proceeding, we are of the view that in the light of the stand taken by the department it is the department which has to be rectify the mistake and

pass a revised order.

7.

Mr. Ghosh, learned senior advocate appearing for the appellant submitted that the impugned order which was challenged in the writ petition has to be set aside.

8.

Pursuant to the stand taken by the department, the Portal has to be created and thereafter a revised order has to be passed.

9.

Thus, technically the learned senior advocate is right and for such reason, we allow this appeal and set aside the impugned order with a direction to the authorities to make the necessary correction in the Portal and issue a revised order accepting the stand taken by the appellant/assessee.

7

10.

The above exercise shall be completed within a period of four weeks from the date of receipt of the server copy of this order.

11.

It is made clear that the matter is sent back to the department for compliance of the above direction and this should not be misconstrued as a remand of the matter for initiation of the fresh proceedings.

(T. S. SIVAGNANAM)

CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.)

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