The Hon’ble HC, Delhi in the Matter of Sales Tax Bar Association (Regd,) & Anr. Vs. Union of India & Ors. [W.P.(C) 9575/2017 & C.M. No. 38987/2017 and W.P.(C) 10284/2018 & CM APPL. 40111/2018 decided on November 28, 2019] directed Chairman and the CEO, GSTN to be responsible to monitor, and ensure the redressal of all grievances relating to the GSTN till constitution of Public Grievance Committees (“PGC”) at the local and Commissionerate level.
State Tax Bar Association (“Petitioner”) submitted that various persons are raising tickets from time to time on issues with which they are confronted, but to no avail till the constitution of PGCs. Revenue (“Respondents”) submits that in place of ‘IT Grievances Redressal Mechanism’, which was required to deal with all kind of grievances, including individual grievances relating to the working of the GSTN, the Respondents are in the process of constituting PCG at the local and Commissionerate level, which would also redress IT Grievances.
The Hon’ble HC, Delhi in W.P.(C) 9575/2017 & C.M. No. 38987/2017 and W.P.(C) 10284/2018 & CM APPL. 40111/2018 decided on November 28, 2019 held as under:
- It is not stated as to how and when the said committees would be constituted or what would be the structure and qualification of the persons who would be part of the said grievance committees, and the mechanism that these committees would adopt to ensure that the grievances are adequately addressed, and do not remain unaddressed. It goes without saying that unless such committees have participation of the decision makers, their word may not matter and the grievance may remain unaddressed. Court directed the Respondents to file an affidavit within two weeks in this regard, listing all the particulars.
- In any event, till the constitution of the said committees at the local and Commissionerate level, the grievances raised by the registered assessee cannot go un-redressed.
- Directed that the Chairman and the CEO, GSTN to be responsible to monitor, and ensure the redressal of all grievances relating to the GSTN, including IT related grievances in the working of the GSTN network, and to comply with the orders of the HC, as well as the aspects on which agreements have been reached and assurances have been given by the Respondents.
- A status report shall be filed by the Chairman and the CEO, GSTN on the next date with regard to the grievances tickets raised; grievances/tickets addressed and resolved, and; outstanding grievances/tickets.
- Matter is next listed on December 18, 2019.