TBA, Jodhpur Vs. UOI
Rajasthan High Court has directed GST Council to extend the due date of GSTR 9 and GSTR-9C without late fees, till 12th Feb 2020.
The court considered the screenshots submitted by the Petitioner regarding the unsuccessful attempts of the tax professionals time and again during the extended period. It satisfied that GSTN portal does not have required capacity to handle the filing of pending returns within the given deadline.
Even according to data submitted by the council of Union of India, the portal at best accepted about 2,00,0000 returns where as pending returns as of 1.30 PM on 5th Feb, 2020 are about approximately 30 lacs.
The court asked the Respondents to seek instructions whether the Respondents are ready to accept the return through email. It was declined by the Respondent counsel at the instructions of the Union of India. The High Court turned down the argument of UOI on the basis that it is a legal right of the taxpayers to file return up till the last date.