CA Atul Modani

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Non Functioning GSTN portal, Indifferent CBEC, Taxpayers face hit in GST regime” –How to lodge complaint with Higher Authorities.

GST the biggest reform tax Reform since independence have become operational with effect from 1st July 2017. There were expected teething troubles in the operation of the same initially. However the technical difficulties and failure of GSTN to address the same in a time bound manner is creating various legal, operational as well as technical hassles for taxpayers. Over and above technical difficulties and non-availability of solutions to address the issue is giving sleepless nights to taxpayers as well as various GST consultants as it will affect them via burden of late fee, penalty and Interest as well as legal hassles in future.

There are number of varieties of difficulties faced by taxpayers while fulfilling their legal duties which are shared across domains of social media under GST. Prominent being as below.

1) Non receipt of GST Number, ARN irrespective of application/migration since many weeks.

GSThelp desk

2) Non availability of amendment window into registration and composition which is affecting business of the taxpayers and also leading him to consequences of non-compliance and cost in case of difference in levy of tax rates (i.e. routine Vs Composition)

s k sarda sikkim

GST Tech

rafi manzoor

3) Because of Delay in registration and migration approval by GSTN, many taxpayers are not able to file GSTR 3 B for the month of July 2017 which is due on 20thAugust 2017

nisarg shah

4) Technical snags in GSTN which denied to opting of composition scheme. No option on the GSTN portal for registration cancellation for automatic migration cases where assessee does not want to continue being his turnover or receipts are below threshold limit of 20 lakhs. There is no clarity by GSTN whether such cases who needs to be opted out of GST but are not able to do so because of non-availability of functionality on its ports needs to file GSTR 3B as due date is for same is approaching. It is worthwhile to note that GSTR 3 B is to be filed even in case of NO or NIL transactions , non filing of which will lead to Late fees / penalty as per provisions of section 47.

Tushar Pandey

5) No rectification is allowed in Form GSTR 3B despite of rectification provisions in Section 37(3) and 38(5) it deprives taxpayer to rectify and omissions or errors as this being 1stReturn under GST and the contents to be filled are huge and varied.

GSTR 3B

6) Non updation of GSTN portal for over a week which suggests delay in incorporating basic functionalities promised by them on Twitter in replies to various queries.

MAIN PAGE:

Main Page

LOGIN PAGE:

Login

Rajeev Rawat

gst

7) High volume of errors and non-functionalities, low staff to address so many grievances let the call center helpline flood with grievances

GST helpdesk

While issues are diverse and many in volume and last minute changes by Finance Ministry as well as GSTN portal is leading to create a hollow situation which is overriding many sections/rules of act in process of this mayhem.Even Official Twitter handle of the GST is flooded with hundreds of grievances/ queries/ technical issues, they are not able to address each and every issue due to volume.

This is creating a situation of vacuum for the taxpayers as well as GST consultants. To address such situation, and to convey the grievances directly with CBEC help of www.pgportal.gov.in can be taken.

www.pgportal.gov.in is a Government of India Portal aimed at providing the citizens with a platform for redress of their grievances. If you have any grievance against any Government organization in the country, you may lodge your grievance here which will go to the Ministry/Department/State Government concerned for immediate redress.

1) The grievances can be lodged online on pgportal.gov.in

In cases where internet facility is not available or even otherwise, the citizen is free to send her/his grievance by Post. There is no prescribed format.

The grievance may be written on any plain sheet of paper or on a Postcard / Inland letter and addressed to the Department at following address:

Department of Administrative Reforms and Public Grievances, 5th floor, Sardar Patel Bhavan, Sansad Marg, New Delhi – 110001. Website: www.darpg.gov.in Tele fax –91-11- 23741006

2) Click on Please lodge grievance here.

 centralzed

3) Select Option PUBLIC GRIEVANCE , TICK MARK – I AGREE and SUBMIT

select an option

4) SELECT CENTRAL BOARD OF EXCISE & CUSTMOMS FROM MINISTRY & QUALITY OF SERVICES FROM CATEGORY.

public Grievance

5) Write Your name, address, mobile number, e mail address and exact grievance in less than 400 words. You can also attach a file with the same which may contain screenshots of errors or evidence of grievances and Submit.

6) Ensure that your grievance is self-explanatory and concise based on facts.

7) The grievance is acknowledged online or by post. A unique registration number is given to each grievance once you submit it. You will receive the number via e mail as well as SMS.

8) Your grievances  may be tracked on the pgportal by clicking view status and entering the unique registration number generated.

What happens to the grievances? How are the grievances dealt with in Central Ministries/Departments?

Every Central Ministry / Department has designated a Joint Secretary or a Director / Deputy Secretary, as its ‘Director of Grievances’. He / She is the nodal officer for redress of grievances on work areas allocated to that particular Ministry / Department.

The Department of Administrative Reforms & Public Grievances is the chief policy making, monitoring and coordinating Department for public grievances arising from the work of Ministries/Departments/Organizations of the Government of India. The grievances received in the department are forwarded to the Ministries/Departments concerned. Redressal of grievances is done by respective Ministries/Departments in a decentralized manner. The Department periodically reviews the status of redressal of public grievances under CPGRAMS of Ministries/Departments for speedy disposal of grievances / complaints.

You can also lodge reminders or clarification in case your grievances is not addressed/not satisfied with the disposal of grievance. Refer FAQs regarding PGPORTAL

There is a high chance that the grievance submitted via pgportal is addressed as it is tracked till the final response is sent to the complainant. You can see the response to your query online or you get an e mail to the same when it is addressed.

You can lodge complaint/ grievances in respect of any Ministry or Departtment of Central as well as State Government.

While it is important to perform your constituitional duties, it is your right to ask for the better infrastructure and redressal of grievances from the government. Hence it is important that you send your grievance to pgportal.

The Author can be reached at atul@caclub.in

Other Articles by Author

1) Income Tax E Filing Website Crashing issue – Letter to PM by a Citizen/CA on Press Release by CBDT

2) Not able to opt for composition scheme under GST for FY 2017-18? Then read this

3) AADHAR CARD– PAN Linking, Supreme Court Decision & Way forward

4) Taxation & Legal Rumors on Social Media – Avoid In Financial & National Interest

5) IT Dept seeks Clarification on cash deposited during Demonetisation

6) Demonitization of Old Notes : Few Legal & Income Tax Aspects

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4 responses to “How to lodge GST related complains with Higher Authorities”

  1. DEBASHIS SAHA says:

    GST website states that Cancellation of migrated taxpayers service will be made available by end of July 2017, but nothing has been done yet which should have done before last date for filing GSTR 3B.
    The tax payer being an Advocate, was registered under Service Tax regime and migrated to GST,
    As the Advocates are now outside the ambit of GST will it be necessary to file GSTR 3B.

  2. M K U VARMA says:

    DEAR ALL, IT IS A SET LEGAL POSITION THAT IF DUE DATE FALLS ON A SUNDAY OR A PUBLIC HOLIDAY, THE VERY NEXT WORKING DAY IS THE DUE DATE. WHEN IT IS SO HOW 20TH AUG, BEING SUNDAY BECOMES DUE DATE FOR GSTR3B? WHY CENTRAL GOVT. DON’T CLEAR THE AIR IN SUCH MATTERS?

  3. parthasarathy says:

    Sir,

    There is huge traffic and unable to login government has to address the issue this should not be an issue again as there will be serial of forms to be filed from the Ist week of sept government should have to consider the problems faced by the dealers,tax professionals before making due dates

  4. Akshay Patni says:

    sir
    site technical problem….my cess payable amount not taken after click of submit button..no edit option is available….
    what i do sir now…
    reply must
    thank you

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