In the matter of UOI vs Tax Bar Association, Hon’ble Supreme Court through its bench comprising of Hon’ble Justice R F Nariman & Hon’ble Justice Ravinder S Bhatt, at the outset, refused to interfere in order as passed by Hon’ble Rajasthan High Court and also clarified that there would be no penal consequences for delayed filing due to problems of GSTN Server.
Ld. Solicitor General stated that extension in due date requires entire modification in Software and therefore it creates ambiguity and choas. Therefore, Hon’ble Supreme Court said that no further extension would be given post 12th February 2020 through interim order. Ld. Counsel Mr. Sanjay Jhanwar, Mr. Rishabh Sancheti, Mr. Prateek Gattani and Mr Rajat Sharma appearing for Respondents association demonstrated bottlenecks and technical errors at GSTN portal. Pursuant to which Ld. SG assured that no penal consequences shall be taken on account of delayed filing. Further, Hon’ble Supreme Court directed the UOI to file detailed reply to address the bottlenecks especially lower capacity of the server of GSTN before Hon’ble High Court and the High Court to decide issue finally on the basis of facts without getting influnced by this ad-hoc order.