2018 Taxo.online 399

CWP NO. 26302 OF 2018 dated 11.10.2018

FUTURISTICS METAL TRADING PVT. LTD.

UNION OF INDIA AND ORS.

2018

GST

Central Goods & Services Tax Act, 2017

Rajesh Bindal, Justice and Mahabir Singh Sindhu, Justice

In favour of revenue

High Court

Punjab & Haryana

Represented by: –

Petitioner: –     Mr. Lakhinder Bir Singh, Adv

Respondent: – Mr. Saurabh Goel, Adv for Respondent No. 1-2
Mr. Mr. Pankaj Gupta, Adv, Addl. AG,Punjab for Respondent No. 3-5

Order: –

The petitioner has filed the present petition with a prayer that the period for filing GST TRAN-1 form be extended as on account of technical problems, the same could not be uploaded on the portal within the time granted.

Learned counsel for the respondents submitted that Notification No.48, dated September 10, 2018 has been issued for amending the Central Goods and Services Tax Rules, 2017 giving power to the Commissioner for extension of time for submission of declaration form GST TRAN-1 upto March 31, 2019. The power can be exercised by the Commissioner on the recommendation of the Council. He further submitted that in case the petitioner represents to the Council, his grievance shall be redressed by the Competent Authority after affording him opportunity of hearing upto November 30, 2018.

In view of the aforesaid fair stand taken by learned counsel for the respondents, the present petition is disposed of accordingly.