Revenue Authorities obligated to inform the assessee about the filing of an appeal on wrong GST portal


Quick Summary
The Tripura High Court has ruled that tax authorities must inform individuals if they file an appeal on the incorrect GST portal. In a case involving Tropical Beverages Pvt. Ltd., the court quashed an order that refused an appeal solely because it was uploaded to the Central GST portal instead of the State GST portal. The court emphasised that authorities have an obligation to notify the assessee of such errors so that the appeal can be rectified.

Court :
Tripura High Court

Brief :
The Hon'ble Tripura High Court in Tropical Beverages Pvt. Ltd. v. the Union of India & Ors. [W.P(C) No. 701 of 2021 dated January 4, 2022] quashed the order of the Appellate Authority refusing the appeal filed by the assessee on the wrong GST portal. Further held that, uploading of an appeal may be before the wrong portal, but it is obligatory on the part of the authorities concerned in such an event to bring it to the notice of the assessee that the appeal has been filed before the wrong authority so that the necessary action can be taken.

Citation :
W.P(C) No. 701 of 2021 dated January 4, 2022

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Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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