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CA Atul Modani
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GST which was termed as biggest economic reform after independence was made a reality with effect from 1st July 2017. Approximately 70 days have elapsed and still the GSTN portal which was termed by its Ex Chief Navin Kumar  (who retired yesterday) as capable of taking over processing 300 Crores Invoices  per month, is yet to deliver on what was promised.

GSTN

News Source- Times of India

The mayhem, chaos experienced by thousands of taxpayers and tax practitioners and total failure of GSTN over last 6 months (since the time of migration and new registration) has raised serious doubts over its capabilities over and above which it has ensured disruption of business of taxpayers (because of various issues related with registrations, migrations, non-ensuring of basic facilities like availment of composition, cancellation of migration, amendment in user profile and registration) have exposed the taxpayers to legal hassles under various sections of GST Act, the effect of which can be realized afterwards at the time of Audit as well as investigation and assessments under GST.

The erratic behavior of GSTN portal while filing GSTR throwing new errors after errors, continuous crashing has made the life of thousands of taxpayers (Including Conglomerate ACC Ltd. Which was personally helped by Deputy Finance Minister Mr Arjun Ram Meghwal to come out of the mess created by GSTN which lead to  extra GST payment of Rs 16.7 Crores as per news reports) and tax practitioners which are working 3 shifts, non-stop, without holidays and without enjoying any festivals for the sake of Nation building so that the legal compliance required under GST can be ensured without and legal noncompliance which will hit taxpayer with Penalty, interest and fine.

The failure of GSTN is evident from its own tweet late evening on 8th September 2017 which said that only 17 lakh GSTR 1 could be filed. (I request everyone to click the link of tweet and read response of users for gaining an understanding of chaos and trauma with which everyone is going through.

GSt Teah

The Finance Ministry via a Press Release dated 29th August 2017 stated that “If we exclude the taxpayers who have registered with the GSTN in August 2017 and the composition dealers, total number of tax payers who were required to file the returns for July 2017 is 59.57 lakhs, of which, as on 29th August, 2017 (10 a.m.), 38.38 lakh returns have been filed, which is 64.42% of the total number of returns, which are to be filed for the month of July 2017.”

So if after extending the due date for GSTR 1 for the month of July and August 2017 on 4th  September 2017 because of crashing of GSTN Portal, only 17 lakhs could file the GSTR 1 out of 60 lakhs just 2 days before the deadline is it really worthwhile for GSTN and Finance Ministry to pat its back and make mockery of its own Citizen’s Charter of serving in best interest of nation and taxpayers?

The ratio of invoice filed 13 crores yesterday to 300 crores as claimed by GSTN chief in April 2017 speaks lot of things about need of pressing a panic button by Finance Ministry and save the crores of taxpayers from unnecessary drubbing at the hands of system because of tug of war between GSTN and Finance Ministry officials and sense of lack of connect with practical difficulties of taxpayers which is clearly evident from following tweets.

tweets

Bs

All the above claims from either Revenue Secretary or GSTN Chief if compared with reality by tweet of 8th September 2017 brings out the facts which even a school going children can make out by a simple addition and deletion.

To help yourself and to avoid legal complications in future due to this legal mess created, it is strongly recommended that you e mail all the issues without fail to following to create an awareness about the gravity of issues with various authorities concerned. This will create an evidence for your efforts to comply with the provisions of law.  

Name Email ID
GSTN Helpdesk helpdesk@gst.gov.in
CBEC MITRA HELPDESK cbecmitra.helpdesk@icegate.gov.in
Finance Minister fm@finance.nic.in
Joint Revenue Secretary jsrev@gst.gov.in
GST Council Secretariat gstc.secretariat@nic.in
Local GST Seva Kendra http://cbec.gov.in/resources//htdocs-cbec/gst/gsk-contact-detailsconsoldated_11%20July%202017.pdf
Telephone Numbers related with Finance Ministry and CBEC http://cbec.gov.in/htdocs-cbec/tel-dir-ason-26Jul17

It is advisable to send the e mails alongwith screenshots , and the time and date at the lower right side of your computer system. While Sending emails , please ensure you tick the Request a delivery receipt and request a read receipt as below option in your email client so as to create an audit trail.

Image

You can also lodge a grievance with PMO office which has a record of replying to grievances of citizens of the country at shortest possible time at http://pmopg.gov.in/pmocitizen/Grievancepmo.aspx

Grievance

By selecting grievance category as Public grievance from dropdown

Thanks and hope for that Govt resolves all issues related with GST on war footing.

It is important to note that Users will not be able to file GSTR 1 after Due date (10th September) till completion of GSTR 2 Cycle (25th September 2017) and a penalty of 200 per day under CGST and SGST ACT will be levied i.e. minimum Rs. 3000 as per this CBEC advisory → http://cbec.gov.in/resources//htdocs-cbec/gst/gstr.pdf

The Author can be reached at atul@caclub.in

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