Case Law Details

Case Name : All India Federation of Tax Practitioners Vs Union of India (Andhra Pradesh High Court)
Appeal Number : Writ Petition No. 3296 of 2020
Date of Judgement/Order : 03/03/2020
Related Assessment Year :

All India Federation of Tax Practitioners Vs Union of India (Andhra Pradesh High Court)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly in the nature of Writ of mandamus directing and commanding the Respondents to consider the representation of the Petitioner’s to extend the date to file the GSTR return in Form 9, GST Return in Form 9C by adequate and reasonable time and allow the members of the Petitioners Association to upload / file the annual and audit returns on behalf of their clients namely, tax payers without payment of late fee and penalty and also to issue a direction to make the GST portal system free of technical glitches and workable before imposition of any late fees or penalty and on hearing the reason or reasons as may be shown and grant such other relief or reliefs as are deemed fit and appropriate.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the non filer registered tax payers through their professional representatives, the members of the Federation Associations to file the GSTR-9 and GSTR-9C returns without levy of late fees and penalty, pending disposal of WP 3296 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Srei M.V.K. Murthy, Senior Counsel for $ri Battu Srinivasa Rao Advocate for the Petitioners and of Sri B. Krishna Mohan, Assistant Solicitor General of India for the Respondents, the Court made the following.

ORDER:

Sri M.V.K. Murthy, learned senior counsel appear on behalf of Sri Battu Srinivasa Rao, learned counsel for Petitioners.

Sri B. Krishna Mohan, learned Assistant Solicitor General of India, appears on behalf of the respondents, and prays for time to file counter-affidavit.

List after four weeks.

Considering the interim order, date 18.02.2020, passed in WP No. 3209 of 2020, by the High Court of Telangana, we direct that until further order, the professional representative of the non filer registered taxpayer and the members of the Federation Associations be permitted to file GSTR-9 and GSTR-9C returns without levy  of late fees and penalty.

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