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2019 (5) TMI 1651 - HC - GSTConsideration of petition - HELD THAT - If there has already been a pre-consultation with the Petitioner then the petition be placed before the GST Council on the same date when it is considering the case of the Solar Power Developers Association. If not, then preparatory to the above step the Petitioners will be called before the Central Board of Indirect Taxes Customs through their authorized representatives for a consultative meeting within the next four weeks. If necessary, the concerned Ministry which is Ministry of Renewable Energy, Government of India will also be invited to such consultative meeting and the deliberations of that meeting also be placed before the GST Council for its consideration. The Petitioner be informed of the date, time and venue of the meeting at least one week in advance. List the petitions before the Registrar on 10th July 2019 for completion of pleadings.
Issues:
1. Consideration of the present petition before the GST Council. 2. Pre-consultation with the Petitioner. 3. Meeting with the Central Board of Indirect Taxes & Customs. 4. Involvement of the Ministry of Renewable Energy. 5. Listing of petitions for completion of pleadings. 6. Next court date. 7. Issuance of the order. Analysis: 1. The High Court directed that the present petition by the Indian Wind Turbine Manufacturers Association be placed for consideration before the GST Council. It was noted that a similar petition by the Solar Power Developers Association had been previously considered. The Court emphasized the need for coordination and suggested that if there had been a pre-consultation with the Petitioner, the petition should be placed before the GST Council on the same date as the Solar Power Developers Association's case. 2. In the absence of a pre-consultation, the Petitioners were required to attend a consultative meeting with the Central Board of Indirect Taxes & Customs through their authorized representatives within the next four weeks. The Ministry of Renewable Energy, Government of India, was also to be invited to this meeting. The outcome of this meeting would be shared with the GST Council for further consideration. The Petitioners were to be informed about the meeting details well in advance. 3. The petitions were scheduled to be listed before the Registrar on 10th July 2019 to ensure the completion of pleadings. Subsequently, the cases were to be listed before the Court on 6th August 2019 for further proceedings. This timeline was set to facilitate the orderly progression of the legal process. 4. Lastly, the Court ordered the issuance of a copy of the order under the signatures of the Court Master. This administrative step was taken to ensure that all parties involved were duly informed of the Court's directions and decisions. The issuance of the order was to be done dasti, indicating an urgent or immediate action requirement in this regard.
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