Mohammed Ali vs. Union Of India And Others
(Kerala High Court, Kerala)

Case Law
Petitioner / Applicant
Mohammed Ali
Respondent
Union Of India And Others
Court
Kerala High Court
State
Kerala
Date
Sep 23, 2020
Order No.
WP(C). No.16444 of 2020(E)
TR Citation
2020 (9) TR 3403
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

The petitioner through the instant writ petition has sought the indulgence of this Court for issuing writ in the nature of mandamus directing the 2nd respondent to decide Ext.P5 inter alia on the ground that in June, 2018, the petitioner’s company shipped 52 tonnes of Zinc Ingot to one of its customers in Kuwait. The supplier charged 18% GST as per Ext.P1. After payment to supplier which also included 18% of IGST, the material was sent to Kuwait from Ahammadabad Port. Due to an inadvertent mistake, two incorrect entries were reflected in Form GSTR 1 ie., the port code was shown incorrectly and the payment was shown as without GST. The petitioner tried to rectify the mistake through online but there was no such provisions therein. Accordingly, a complaint was lodged with the 5th respondent regarding this and on 13/02/2019, a reply was given by the 5th respondent as per the instruction of the 4th respondent, directing the petitioner to register a complaint with ICEGATE Portal and also with the Commissioner of Port of Export at Ahamadabad. The petitioner registered a complaint vide Ext.P3. When the petitioner raised his grievance in Grievance redressal portal of GST, they issued a ticket number as mentioned paragraph 6 of the petitioner’s statement. They closed it with a message ‘resolved’ without doing anything. It is in this background petitioner submitted an application before the 2nd respondent requesting to redress his grievance, on 06/02/2020 (Ext.P5).

2. The learned counsel for respondents submits that there is no prima facie proof of receipt of the representation Ext.P5, but the department would not be averse in deciding the same in case an appropriate direction is given within a reasonable time. The learned counsel for the respondent No.3 submits that they have no role to play as representation Ext.P5 is addressed to respondent No.2.

3. Having heard the learned counsel for the parties and appraised the paper book, without expressing any opinion on the merits of the matter, I dispose of the present writ petition by issuing direction to the 2nd respondent to decide representation Ext.P5 dated 06.02.2020 after affording an opportunity of hearing to the petitioner in accordance with law.

The respondents are at liberty to afford a virtual hearing to the petitioner in view of the Covid-19 pandemic. Let this exercise be undertaken within a period of two months.

This writ petition stand disposed of.

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