Rajasthan High Court Jodhpur bench has intervened to address the grievances and extend the due date of filing GSTR-9 and GSTR-9C for taxpayers in the state till February 12, without late fees. The court further directed the department to file a detailed reply about their preparedness and GSTN capacity. A PIL was filed by the Tax Bar Association after being aggrieved by the functioning of the common portal and apprised the Court regarding technical glitches in filing of GSTR 9/9C on GSTN portal and arbitrary fixation of last dates for various statutory compliances. The HC considered the GSTN server capacity to handle the filing of pending returns within the deadline and also the screenshots submitted by the Petitioner regarding the unsuccessful attempts of the tax professionals time and again during the extended period were reviewed. HC discarded the contention of Government regarding "the taxpayers should not wait for last date for filing of the return", and expressed that "it is a legal right of the taxpayers to file return up till the last date". Dealers will now feel confident in approaching the Courts and proving their bona fides in case of non-compliances as they cannot be penalized on account of technical glitches at GSTN portal, which are beyond their control. HC said - "We are prima facie satisfied that even if an assessees is ready and willing to comply with the statutory duty, so far as filing of returns are concerned, the website appears to be having technical bottlenecks, which appears to limit the opportunity of an assessee from uploading the forms,” The due dates for GSTR9 and 9C has been extended twice in a week. In its last announcement, CBIC has said the due dates for GSTR-9 and GSTR-9C for FY 2017-18 are being extended in a staggered manner for different groups of states to 5th and 7th February 2020. According to the counsel for the Government, for the State of Rajasthan, 5.66 lakh taxpayers were liable to file GSTR9 and only 2.71 lakh had filed till February 5 afternoon. Similarly, of the 64,187 eligible taxpayers for GSTR9C, 48,153 had filed. The HC after examining the case said it would give the Government more time to file a detailed reply/affidavit and time was given till February 12 to file it.