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2018 (10) TMI 680 - HC - GSTFailure to pay GST - Mandi Samiti stopped issuing gate passes to the petitioners as per the order of the GST department - it was alleged that the petitioners have not paid GST, as per the provisions of the Central Goods and Services Tax Act, 2017 - Held that - The petitioners would be satisfied if they are allowed to approach the fourth respondent by way of reply to the letter dated 1.8.2018 and directions are issued to consider their reply and decide the mater afresh within time frame. Counsel for respondents has no objection for passing such an order. The petitioners shall furnish their reply to the letter dated 1.8.2018 (Annexure-8) within a period of 10 days from today - petition disposed off.
Issues:
Petition challenging order of Deputy Commissioner withholding gate-passes due to non-payment of GST under CGST Act, 2017. Analysis: The judgment by the High Court of Allahabad involved a petition against an order issued by the Deputy Commissioner withholding gate-passes due to alleged non-payment of GST as per the provisions of the Central Goods and Services Tax Act, 2017. The petitioners sought permission to respond to the order and requested a fresh consideration of their case. The counsel for the petitioners expressed satisfaction with approaching the fourth respondent by submitting a reply to the letter dated 1.8.2018. The respondents did not object to the petitioners' request for a fresh review of the matter. The High Court disposed of the writ petition by ordering the petitioners to furnish their reply to the letter dated 1.8.2018 within 10 days. Upon submission of the reply, the fourth respondent was directed to consider the documents provided by the petitioners and issue a speaking order within 15 days. The judgment clarified that the Court did not assess the merits of the case, allowing the petitioners to subsequently request the Mandi Samiti for the issuance of gate-passes once the fresh decision was made. This judgment highlights the procedural aspect of addressing issues related to non-payment of GST under the CGST Act, emphasizing the importance of providing an opportunity for the petitioners to respond and have their case reconsidered by the relevant authorities. The Court's directive for a timely review and decision by the fourth respondent ensures a fair process for the petitioners, maintaining transparency and procedural fairness in dealing with tax-related matters.
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