non filing of GSTR 7

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Non filing of GSTR. 7 due to server down attract penalty of RS 200/- per day, who is responsible for that , either CBIC department or the assessee. Pls simplify it with all the possibilities along with notification/ circular or instructions.
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The Portal should designed properly unnecessarily the ppl are paying late fee due to portal issue it is thw mistake on dept side

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