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The Allahabad High Court has enquired the Central Goods Services Tax Authorities to submit its response to a plea filed before the court relating to technical problems and glitches in its used software for issuing online show-cause notices to alleged defaulters.
The Single Bench of Justice Pankaj Bhatiya on directing the CGST Authority to submit the response along with regards with submissions made by the applicant, so that the court will put forth the liability to be paid on the relevant person observed that,
“The system and the operators are solely responsible for the harassment being meted out to the poor assesses. As the inquiry referred to by Mr. Trivedi is not on record, this Court is unable to decipher whether the harassment to the taxpayer is a personal one or the system/service provider is to be blamed.”
The petitioner has approached the court with a prayer to recall the previous order of this court on 24th of November,2020 to the extent that it directs for payment of the cost of Rs.10,000/- from the applicant and also the observations made personally against the applicant and requests that the same may be removed.
The council on behalf of the petitioner has submitted that the present application has been filed in the personal capacity and he is not defending any action at the behest of the department that may have led to the petitioner to file a petition before this Court.
It was argued before the court that an inquiry was conducted according to the order of this court which results that the applicant had indeed uploaded the remarks as quoted above, however, the same was not included in the show-cause notice and the service agency namely 'Wipro' is probably a mistake and the applicant states that it was a technical glitch and uncertainty and the technical department is currently analyzing and the current situation would be communicated soon.
The court has further expressed that, Since this Court is now going to ascertain the liability of the person concerned whosoever he may be, for the glitches that have occasioned harassment to the petitioner and to fix cost thereafter on the person concerned.
The present matter has been listed on the 3rd of February for the next hearing by the court.
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