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2021 (6) TMI 905 - CESTAT CHENNAILevy of late fee charges - delay in filing the bills of entry - HELD THAT:- It is to be stated that the cause of action in this appeal has occurred during the transition period of introduction of GSTIN registration. There were much technical difficulties faced by assessee / importer / exporter during that time due to system failure, server connectivity etc. There were many cases filed before the High Courts - In the present case also, it is seen that the appellant could not obtain the GSTIN registration and had to apply for the second time. Being a new law, it is inferable that it is not easy for the public to understand how to apply and pay the tax under a new law. Further, under Notification No. 26/2017 itself, it is stated that such late fee can be waived if sufficient reasons are furnished before the proper officer. Thus, it is a condonable lapse. In the circular issued by Board dated 31.8.2017, it is stated that the importer should not be penalized for delay happening due to any system related defect. For all these reasons and most importantly since the period involved is during the transition period of GST, the late fee charges imposed is not warranted - Appeal allowed - decided in favor of appellant.
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