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GSTN system dysfunctional,needs to be updated to meet requirements - no coercive action of penal interest, late fees: Rajasthan HC

Published: Sep 21, 2017

By TIOL News Service

JAIPUR, SEPT 21, 2017: IN our Cob(Web) column 570 (GST let down by GSTN) carried a fortnight ago, it was mentioned -

"In this context, … so much harassed are the tax practitioners that the Rajasthan Tax Consultants have filed a writ in the High Court raising both substantive as well as procedural issues. Issues range from compliance, ITC, late fee waiver, interest and penalty to TRANS-01 problems. A notice has been issued to the Union of India and the State Government and the next hearing is on  September 13. The petitioners have alleged that when the GSTN was not ready and the Govt was also not ready with everything, why did it impose a new system on the businesses at the cost of the Exchequer's interests."

The matter was heard yesterday.

After considering the averments made and the reply filed, the High Court observed that it appeared that the system is not working up to the level and the same is required to be corrected & updated to meet requirements.

Therefore, the following directions were passed in enabling an immediate solution to the issue -

(i) Whosoever try to log-in to the system, if the same is not responding, assessee or Chartered Accountant/ or Tax Practitioner will inform immediately by email to the District Information Officer of the concerned District, appointed by Central/State Government.

(ii) Address of the each District Head will be provided.

(iii) Those who inform so by email, their problem will be resolved expeditiously.

The High Court also instructed that -

++ In the meantime, no coercive action (penal interest, late fees and prosecution) against any of the client of the petitioners members who are referred in the petition and are informing by email, will be protected.

++ The composition Scheme is extended upto 30.9.2017, therefore, desirous assessee can apply.

++ Those who could not apply under composition scheme upto 16.8.2017, their applications will be accepted and if their case does not fall under composition log-in, they will send it by email and their applications will be accepted w.e.f. 1.7.2017.

The matter is listed on 5.10.2017.

(See 2017-TIOL-18-HC-RAJ-GST)

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