2018(02)LCX0034

IN THE HIGH COURT OF ALLAHABAD

Hon'ble Bharati Sapru,J.
Hon'ble Neeraj Tiwari,J.

M/S Perfect Sales Service

Versus

State of U.P. and Ors.

WRIT TAX No. - 153 of 2018 decided on 08/02/2018

Advocated By -

Counsel for Petitioner :- Pooja Talwar
 Counsel for Respondent :- C.S.C.,A.S.G.I.

Heard Ms. Pooja Talwar, learned counsel for the petitioner and learned Standing counsel for the respondents.

The petitioner seeks a writ of mandamus directing the GST council-respondent no.2 to make recommendations to the State Government to extend the time period for filing of GST Tran-1 in the case of the petitioner because its application was not entertained on 21.12.2017 and it has filed his complete application for the necessary transactional credit. 

The petitioner has alleged in the petition that despite making several efforts for filing of the application, the electronic system of the respondent no.2 did not respond, as a result of which the petitioner is likely to suffer loss of the credit that it is entitled to by passage of time.

Learned Standing Counsel states that the portal is likely to be opened but is unable to say that when the portal is likely to be opened.

In view of the above, the respondents are directed to reopen the portal within two weeks from today. In the event they do not do so, they will entertain the application of the petitioner manually and pass orders on it after due verification of the credits as claimed by the petitioner. They will also ensure that the petitioner is allowed to pay its taxes on the regular electronic system also which is being maintained for use of the credit likely to be considered for the petitioner.

With the aforesaid directions, the writ petition shall stand disposed of finally.