2017 taxo.online 28

D.B. Civil Writ Petition No. 15239 / 2017 dated 20.09.2017

RAJASTHAN TAX CONSULTANTS ASSOCIATION

UNION OF INDIA & ORS.

2017

GST

Central Goods & Services Tax Act, 2017

K. S. JHAVERI, Justice & Vijay Kumar Vyas, Justice

In favour of assessee

High Court

Rajasthan

Technical Glitch – Problem in log-in access for petitioners opting for Composition Scheme – Held: – The Court directed that whosoever try to login and the same is not responding, Petitioner/Chartered Accountant/Tax Practitioner will inform immediately by e-mail to District Information Officer (DIO) – Respondents are directed to provide address of DIO & resolve the email expeditiously – No coercive action will be taken in the meantime – Last date to avail option of Composition Scheme 30.09.2017.

Represented by: –

Petitioner: – Mr. Sanjay Jhanwar, Mr. Prakul Khurana, Mr. Rahul Lakhwani, Ms. Aditi Lodha & Ms. Archana 

Respondent: – Mr. R. D. Rastogi (ASG), Mr. Anand Sharma, Mr. C.S. Sinha, Mr. R. B. Mathur, Ms. Meenal Ghiya, Mr. Siddharth Ranka & Mr. Kinshuk Jain 

Order: – 

1. We have heard counsel for the petitioners Mr. Sanjay Jhanwar with Mr. Prakul Khurana, Mr. Rahul Lakhwani, Ms. Aditi Lodha and Ms. Archana as well as counsel for the respondents Mr. R.D. Rastogi, ASG with Mr. Anand Sharma & Mr. C.S. Sinha, Mr. R.B. Mathur with Ms. Meenal Ghiya, Mr. Siddharth Ranka and Mr. Kinshuk Jain. 
2. Looking to the averments which are made in the petition and the reply which has been filed, it appears that the system is not working upto the level and the same is required to be corrected & updated to meet requirements. 
3. In that view of the matter, we pass the following directions to come out with the immediate solution:-

(i) Whosoever try to log-in to the system, if the same is not responding, assessee or Chartered Accountant/ or Tax Practitioner will inform immediately by email to the District Information Officer of the concerned District, appointed by Central/State Government.  

(ii) Address of the each District Head will be provided. Mr. R.B. Mathur will provide the address of the State Officer and Mr. Sharma and Mr. Ranka will supply address of the Officer of the Central Government.  

(iii) Those who inform so by email, their problem will be resolved expeditiously.  

4. In the meantime, no coercive action (penal interest, late fees and prosecution) against any of the client of the petitioners members who are referred in the petition and are informing by email, will be protected. The composition Scheme is extended upto 30.9.2017, therefore, desirous assessee can apply. 

4.1 In that view of the matter, those who could not apply under composition scheme upto 16.8.2017, their applications will be accepted and if their case does not fall under composition log-in, they will send it by email and their applications will be accepted w.e.f. 1.7.2017.  

List on 5.10.2017.