2020 (2) TMI 279 - HC - GST

Stay on operation of the direction issued by the authority - profiteering - HELD THAT - Stay on operation is granted - the respondents are not restrained from undertaking an enquiry if justified, independent of the directions issued in the impugned order as aforenoted. The deposit made by the petitioner in terms of the impugned order shall be subject to further orders in the writ petition. List on 16.09.2020.

Summary

Issues:
1. Exemption application
2. List of dates in application
3. Stay application regarding investigation on profiteering and penalty imposition

Exemption Application:
The High Court allowed the exemption application subject to all just exceptions. The application was disposed of accordingly.

List of Dates in Application:
The Court took the list of dates on record, and the application was allowed.

Stay Application on Investigation and Penalty Imposition:
The Court issued notice to the respondent, accepting it on behalf of respondent No.2. The respondent was directed to file a reply within eight weeks, and a rejoinder before the next hearing date. The Court stayed the operation of the directions in the impugned order related to investigation on profiteering and penalty imposition under Section 171 (3A) of the CGST Act, 2017. The Court clarified that it did not restrain the respondents from conducting an independent inquiry if justified, separate from the directions in the impugned order. The deposit made by the petitioner as per the impugned order would be subject to further orders in the writ petition.

W.P.(C) 1171/2020:
The Court issued notice to the respondent, accepted by the respondent's counsel. The respondent was directed to file a counter affidavit within eight weeks, with a rejoinder before the next hearing. The case was listed for the next hearing on a specified date.