Recently a CA from Maharashtra has filed a RTI with GSTN to know reason of  failure of 

1. Poor IT infrastructure being used in GST,

2. What action was taken against Infosys who has designed GST portal,

3. If one has already filed September 3B return within due i.e. 20th October, how to revise it to get benefit of 5 days extension,

4. What purpose this extension of 5 days on 21 Oct after passing due date will serve and logic of the extension because as per GST law returns once filed cannot be revised and ITC cannot be claimed after filing September return?,

5. Why isn’t there interest and penalty on government part if GST portal doesn’t work on due dates. I demand penalty on government for 100 Rs. per return getting filed in any extension period if extension is due to IT issue on clue date.

All these question are  wonderfully replied by GSTN Authorities.

In respect of Question 1,2 and 5 it is replied that This does not fall under definition of Information as per section 2(f) of the RTI Act, 2005 and the Act does not cast on the Public Authority any obligation to answer queries.

While in respect of Question No. 3 and 4 it is replied that information sought is not held by GSTN.

To maintain the privacy of the RTI applicant we have removed his name and address , rest of the text of RTI Replied by GSTN is as follows:-

CA ***********

4th Floor, Worldmark 1, East Wing, Asset 11,
Hospitality District, Aerocity, New Delhi-110037
Tel: 011-49111200, Fax: 011-49111210
Email: info@gstn.org.in, Website; www.gstn.org
CIN: U72200DL2013NPL249988

File No. CPIO/RTI/2018/205/GSTN
Dated 06th December, 2018

To

Shri ********,
******************

Sub: Your RTI Application dated 24.10.2018 under RTI Act, 2005.

Sir,

A. In reference to your abovementioned RTI application received on transfer from CPIO, GST Council, CBIC on 05.12.2018, the point wise response to information sought by you is as follows:-

SI No. Information Sought by RTI Applicant Information Provided by CPIO
1. What is the reason of such a low grade IT infrastructure being used in GST This does not fall under definition of Information as per section 2(f) of the RTI Act, 2005, The Act does not cast on the Public Authority any obligation to answer queries. The same has been held in S.K. Garg V. MCD dated 15.10.2018, CIC digest (Vol. II) 2511 (1778) and Shri. Dharma Prakash Verma V. Ordinance Factory Board, Ministry of Defence Appeal No. CIC/AT/A/2006/00649 dated 20.02.2007
2. What action was taken against Infosys who has designed poor GST portal as in previous GST Council meeting Infosys was blamed by Jetley ji & Adhiya ji for poor GST portal?
3. If one has already filed September 3B return within due i.e. 20th October, how to revise it to get benefit of 5 days extension. The information sought by you is not held by GSTN. Hence your application is being transferred under section 6(3) of the RTI Act, 2005 to Ms. Gayathri PG, CPIO, GST Policy Wing, CBEC, Department of revenue, Ministry of Finance, North Block, New Delhi-110001.
4. What purpose this extension of 5 days on 21 Oct after passing due date will server and logic of the extension because as per GST law returns once filed cannot be revised and ITC cannot be claimed after filing September return.
5. Why isn’t there interest and penalty on government part if GST portal doesn’t work on due dates. I demand penalty on government for 100 Rs. per return getting filed in any extension period if extension is due to IT issue on clue date.

 

This does not fall under definition of Information as per section 2(f) of the RTI Act, 2005. The Act does not cast on the Public Authority any obligation to answer queries. The same has been held in S.K. Garg v. MCD dated 15.10.2008, CIC digest (Vol. II) 2511 (1778) and Shri Dharm Prakash Verma v. Ordinance Factory Board, Ministry of Defence Appeal No. CIC/AT/A12006100649 dated 20.02.2007

B. In case you are dissatisfied with the information, you may file an appeal to First Appellate Authority Dr. Abhishek Gupta Executive Vice President (Support), Goods and Services Tax Network, East Wing, 4th Floor, World Mark – 1, Aerocity, New Delhi — 110037

Your Sincerely

(Mohammad Shadaab)
AVP-Legal &, CPIO

Copy for Information to: Arjun Kumar Meena, CPIO, GST Council, Government of India Jeevan Bharti Building Tower-II, 5th floor Connaught Place, New Delhi — 110001

Copy to:- Ms. Gayathri PG, CPIO, GST Policy Wing, CBEC, Department of Revenue, Ministry of Finance, North Block, New Delhi-110001. This may be treated as transfer under Section 6(3) of the RTI Act, 2005.

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6 Comments

  1. Rudresh S R says:

    The government is in such a state of mind that it does feel that whatever is they are doing is right & all the public are fools just follow their orders.
    They have forgot they came to power because these so deemed public (Fools/ Fraudsters as per government perspective).

    Government just cannot find any logical answer to any of the questions, as the Biggest Reform GST Act is framed & brought by them only.

    We just have to hope & wait for the good days to come.

  2. Suparna Das says:

    Affirmly agree with the questions raised by the CA, it is a very bitter experience that even though GST act, a wonderful step for development of nation has failed to fulfill its promises what it was suppose to be intended, infact our government is 100 steps back. A very poor performance by the government.

  3. SANJIT CHATTERJEE says:

    demand is completely correct, govt. have no such answer in this regard late fees should withdrawn for gstn R.C holder and also punished the GSTN Authority immediately for their poor performance there are no such definition or right for imposing any late fee,fine and penalty in such cases.

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