2022 (4) TMI 1477 - HC - GST

Constitutional validity of the amended Section 140 of the CGST Act - It is the case of the writ applicant that despite requesting the adjudicating authority to wait for some time as the main matter is pending before the High Court still the adjudicating authority wants to proceed with the adjudication proceedings - HELD THAT - We are not inclined to pass any interim order in this civil application. We may only clarify that the further proceedings if any at the instance of the adjudicating authority shall be subject to the final outcome of the main matter. Application disposed off.

Summary

Issues:
Stay of adjudication proceedings pending final disposal of main matter challenging constitutional validity of amended Section 140 of CGST Act.

Analysis:
The application before the High Court sought a stay on the adjudication proceedings initiated by the opponent until the final disposal of the main matter challenging the constitutional validity of the amended Section 140 of the CGST Act. The writ applicant had requested the adjudicating authority to wait for the main matter's hearing, scheduled for the last week of April. However, the respondent, represented by Mr. Lodha, argued that the adjudication should proceed based on a precedent set by the Madras High Court in a similar case favoring the Revenue regarding the transfer of cess.

The High Court, comprising Honourable Mr. Justice J.B.Pardiwala, and Honourable Ms. Justice Nisha M. Thakore, declined to grant an interim order on the stay application. Instead, the Court clarified that any further proceedings initiated by the adjudicating authority should be subject to the final outcome of the main matter challenging the constitutional validity of Section 140 of the CGST Act. Consequently, the civil application was disposed of without an interim order being passed, indicating that the adjudication proceedings would be contingent upon the resolution of the main matter challenging the statutory provision.

In conclusion, the High Court's judgment emphasized the importance of the final decision on the constitutional validity of Section 140 of the CGST Act in determining the fate of the adjudication proceedings. The Court refrained from intervening with an interim order but ensured that any future actions by the adjudicating authority would be dependent on the resolution of the main matter, thus maintaining the connection between the two legal proceedings.