Rajasthan Motors vs. State Of Rajasthan, Assistant Commercial Taxes Officer, The Goods And Service Tax Council (Gst Council) , Goods And Service Tax Network (Gstn) Through Its Ceo
(Rajasthan High Court, Rajasthan)

Case Law
Petitioner / Applicant
Rajasthan Motors
Respondent
State Of Rajasthan, Assistant Commercial Taxes Officer, The Goods And Service Tax Council (Gst Council) , Goods And Service Tax Network (Gstn) Through Its Ceo
Court
Rajasthan High Court
State
Rajasthan
Date
Nov 21, 2019
Order No.
S.B. Civil Writ Petition No. 16488/2019
TR Citation
2019 (11) TR 1728
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

ORDER

By way of the present writ petition, the petitioner has raised a grievance that after opting out of the composition scheme, on 10.10.2017 when he tried to upload Form GST ITC-01 the same could not be uploaded, due to technical glitches.

It has also been asserted that Form GST ITC-01 is/was not available on the website of the common portal of GST Council.

Learned counsel for the petitioner submits that the petitioner has tried to contact not only the Nodal Officer but also the GST Council and lastly sent a representation dated 18.09.2018 to the Assistant Commissioner, State Goods and Service Tax, Pali Marwar (Rajasthan) and e-mail was also sent to help desk of respondent No.3, but no action has been taken by the concerned Officials in this regard.

Without going into the veracity of the facts asserted by the petitioner, the writ petition is disposed of with direction to the respondents No.2 & No.3 to consider petitioner’s representation within a period of one month from receipt of certified copy of the order instant.

The petitioner may, however, file a photo-stat copy/fresh representation to the respondents No.2 & 3, along with a photostat copy of his earlier representations for the purpose aforesaid.

It is, however, made clear that the direction to decide petitioner’s representation has been issued only with a view to ensure expeditious redressal of his grievance and the same may not be construed to be a direction to decide it in a particular manner.

The stay application is also disposed of.

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