2019 (5) TMI 567 - HC - GST

The present petition of the Solar Power Developers Association be placed for consideration before the GST Council at its next meeting. List before the Court on 6th August 2019.

Summary

Issues:
1. Exemption application
2. Stay application
3. Consideration of petition by GST Council
4. Consultative meeting with Central Board of Indirect Taxes & Customs and Ministry of Renewable Energy

Exemption Application:
The High Court allowed the exemption application subject to all just exceptions. This indicates that the petitioners' request for exemption was granted by the Court, with the condition that any valid exceptions would still be applicable.

Stay Application:
The Court issued a notice in response to the stay application, with the learned counsel for the respondents accepting the notice. The matter was listed before the Registrar for completion of pleadings on a specified date, followed by a listing before the Court on a later date. This procedural step indicates that the Court acknowledged the stay application and scheduled further proceedings accordingly.

Consideration of Petition by GST Council:
Recognizing the importance of the petition filed by the Solar Power Developers Association, the Court directed that the petition be placed for consideration before the GST Council at its next meeting. This decision highlights the Court's intention to involve the relevant authority, the GST Council, in the matter to address the concerns raised by the petitioners effectively.

Consultative Meeting with Central Board of Indirect Taxes & Customs and Ministry of Renewable Energy:
In preparation for the petition's consideration by the GST Council, the Court mandated a consultative meeting with the Central Board of Indirect Taxes & Customs. The petitioners were required to participate in this meeting through their authorized representatives within the next four weeks. Additionally, if deemed necessary, the Ministry of Renewable Energy, Government of India, would also be invited to this consultative meeting. The outcomes of this meeting were to be presented before the GST Council for further review and consideration. This step underscores the Court's proactive approach to engaging relevant stakeholders and ensuring a comprehensive assessment of the petition's implications before the GST Council.