Manekia Networks Llp, Kayman And Star Networks Llp, Connors Tobacconist Llp, Kings Tobacconist Llp vs. Union Of India & Ors.
(Bombay High Court, Maharashtra)

Case Law
Petitioner / Applicant
Manekia Networks Llp, Kayman And Star Networks Llp, Connors Tobacconist Llp, Kings Tobacconist Llp
Respondent
Union Of India & Ors.
Court
Bombay High Court
State
Maharashtra
Date
Aug 29, 2019
Order No.
WRIT PETITION NO. 2220 OF 2019, WITH WRIT PETITION NO. 2221 OF 2019, WRIT PETITION NO. 2223 OF 2019, WRIT PETITION NO. 2224 OF 2019
TR Citation
2019 (8) TR 1935
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. The grievance made in this group of petitions is that due to human errors the credit taken and utilized was not correctly reflected in the monthly returns i.e. GSTR-1, GSTR-2A and GSTR-3B filed under the Central Goods and Services Tax Act. At the time when the petitioner sought to file its annual returns under GSTR-9 and correct the mistakes which had occurred due to human error in the earlier return, it was unable to do so as the system being auto populated did not permit such corrections.

2. Mr. Raichandani, learned Counsel appearing in support of the petition further submits that there is no provision provided under the Act to rectify the return which has been filed even if the human error has been committed. Thus, it is submitted that in the absence of any such prohibition in law, the system is overriding the law. It is further submitted that the petitioner’s representation to the Authorities to either amend its monthly returns or annual returns have remain unanswered.

3. Mr. Mishra, learned Counsel appearing for the respondent seeks time to take instructions. He particularly states that he would take instructions as to the Authority who would deal with such applications / representations made by the petitioner. He would also inform us the time period within which it would consider the application, keeping in mind the provisions of law.

4. At the request of Mr. Mishra, these petitions are adjourned to 5th September, 2019.

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