KHER DIESELS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Nishant Mishra, learned counsel for the petitioner, Sri Shamim Ahmad, learned Counsel for the respondents no.1,2 and 5, Sri R.C. Shukla, learned Counsel for the respondents no.3 and 4 learned Standing Counsel appears for the respondent no.6 and 7.

(2.) The petitioner seeks a writ of mandamus directing the GST council respondent no.2 to make recommendations to the Commissioner to extend the time period for filing of GST Tran-1 in the case of the petitioner because his application was not entertained on the last date i.e. 04.10.2018 and he is permitted to file his complete GST ITC-01 for the necessary transactional credit as per amended Rule 117 (1A).

(3.) The petitioner has alleged in the petition that despite making several efforts on the last date for filing of the application, the electronic system of the respondent no.2 did not respond, as a result of which the petitioner is likely to suffer loss of the credit that it is entitled to by passage of time.