Jegannathan Engineering Works vs. CGST Nodal Officer For It Grievance Redressal

WP(MD)/4045/2020HC MadrasGSTCNR HCMD01017947202010 March 2020Bench: HONOURABLE MR JUSTICE C.V. KARTHIKEYAN4 pages
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Held

The Court allowed the writ petition, directing the respondents to extend the date for submitting the declaration electronically in FORM GST TRAN-1, specifically for the petitioner. The Court referenced a previous decision in W.P.(MD) No. 21320 of 2019 (Angamuthu Amuthavel Vs. The Commercial Tax Officer, Kulithalai and others) which also addressed technical glitches in uploading returns. The reasoning was that the petitioner had approached the respondents in time, but due to technical issues, could not complete the filing. The Court found the petitioner's case to be covered by the precedent. The operative directions included the petitioner visiting the CGST Nodal Officer for IT Grievance Redressal on March 16, 2020, submitting a written representation by March 20, 2020, and the first respondent complying with the order to enable the petitioner to file their returns by March 31, 2020. No costs were awarded.

Facts

The petitioner, Jaganathan Engineering Works, sought a writ of mandamus to direct the respondents to either reopen the online portal for filing a rectified TRAN-I form or accept a manually filed TRAN-1 form with corrections by March 31, 2020. The petitioner, registered under the CGST Act, intended to claim transitional credit of Rs. 26,27,955/-. The petitioner claimed that although the government provided a window to file TRAN-I until March 31, 2019, extended to December 31, 2019, the GST portal only opened on October 15, 2019, preventing them from revising their form. This led to the filing of the present writ petition.

Key Issues

1. Whether the petitioner is entitled to a direction to reopen the online portal for filing a rectified TRAN-I form or to accept a manually filed TRAN-1 form with corrections, considering the alleged technical glitches and limited window for filing. The petitioner argued that technical glitches in the GST portal prevented them from filing the revised TRAN-I form within the extended deadline. They relied on the fact that the portal was only accessible from October 15, 2019, which was insufficient time to rectify and file. The petitioner sought relief similar to that granted in previous cases involving technical issues with the portal. The respondents did not record any specific arguments in the judgment. However, the court's decision implies that the respondents' stance was likely that the deadlines had passed and no further extension or manual filing should be permitted.

Sections Cited

Section 140

AI-generated summary — verify with the full judgment below

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2020 CORAM: THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Jaganathan Engineering Works represented by its Proprietor Subbaiah Pillai Narayanan, SF.No.22/2A, Aathikudi Village, Vengoor Post, Thiruverambur, Trichy – 620 013. ... Petitioner /vs./ 1.CGST Nodal Officer for IT Grievance Redressal, O/o. the Principal Commissioner of GST and Central Excise, GST Bhawan, No.26/1, Mahatma Gandhi Road, Chennai 600 034. 2.The Commissioner of GST and Central Excise, No.1, Williams Road, Cantonment, Trichy 600 001. 3.Goods and Services Tax Council, represented by Special Secretary, Office of the GST Council Secretariat, 5th Floor, Tower II, Jeevan Bharthi Building, 124, Janapath, Commaught Circus, New Delhi 110 001. 4.Union of India, represented by its Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to either open the online portal so as to enable the pe

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