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2019 (5) TMI 784

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..... the petitioners for August 2017 - application allowed. - CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 5629 of 2019 - Dated:- 7-5-2019 - MS HARSHA DEVANI AND MR BHARGAV D. KARIA, JJ. For The PETITIONER (s) : MR PARESH M DAVE For The RESPONDENT (s) : MR NIRZAR S DESAI IA ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. By this application the applicants [original petitioners] seek the following reliefs: (A) That this Hon ble Court may be pleased to permit the petitioners to file manually GSTR3B for August 2017 with correct and true details and the respondents may be directed to accept and acknowledge such GSTR3B manually filed by the petitioners for August 2017; (B) That this Hon ble Court may be please .....

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..... of August 2017, having been discharged by 19.09.2017, the petitioners proposed to furnish GSTR3B on 20.09.2017; but the common portal was not running properly due to heavy load because millions of registered persons were trying to upload their returns and the common portal, which was introduced only in July 2017, was not capable of taking such a huge load. Consequently, the petitioners' efforts to upload GSTR3B on 20.09.2017 failed. On the next day, that is, on 21.09.2017, the system crashed. Due to this unfortunate turn of events, the system accepted the petitioners' GSTR3B on 21.09.2017, but the information and details in all the columns of this return were shown as "zero" despite the fact that the tax liability for the .....

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..... was adjourned from time to time to enable the learned senior standing counsel to obtain instructions in the matter, till date, no affidavitinreply has been filed on behalf of the respondents. 8. However, upon oral instructions from the officers who were present in the court room, Mr. Nirzar Desai, learned senior standing counsel for the respondents, denied that the petitioner has paid the amount of ₹ 114.51 crores (rounded off) in cash, as averred in the petition. 9. A perusal of the record of the case reveals that despite the petitioners, having made various representations to the respondents, only three replies were received so far. By a letter dated 10.9.2018, the petitioners were informed that steps were being taken to refer the m .....

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