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2020 (12) TMI 476 - HC - GSTStatus of Rule 117 of the CGST Rules - whether it is intra vires or it is ultra vires or if it could be read down which issue is engaging the attention of the Supreme Court in UNION OF INDIA VERSUS BRAND EQUITY TREATIES LIMITED AND ORS. ETC. ETC. 2020 (6) TMI 517 - SC ORDER ? HELD THAT - Let this group of matters be listed after the judgment of the Supreme court in UNION OF INDIA VERSUS BRAND EQUITY TREATIES LIMITED AND ORS. ETC. ETC. 2020 (6) TMI 517 - SC ORDER as also M/S SIDDHARTH ENTERPRISES THROUGH PARTNER MAHESH LILADHAR TIBDEWAL VERSUS THE NODAL OFFICER 2019 (9) TMI 319 - GUJARAT HIGH COURT , upon appropriate application being filed by either of the parties.
Issues:
1. Status of Rule 117 of the CGST Rules - whether intra vires, ultra vires, or can be read down. Analysis: The judgment by the Gujarat High Court revolves around the status of Rule 117 of the CGST Rules. The court heard arguments from various learned counsels representing the petitioners and the Additional Solicitor General for Union of India and related authorities. The main issue discussed is whether Rule 117 is intra vires, ultra vires, or if it can be read down. This issue is also under consideration by the Supreme Court in Special Leave Petitions. Additionally, it was noted that the Union of India has preferred Special Leave Petitions before the Supreme Court against the judgment of the Gujarat High Court in the case of Siddharth Enterprise. The counsel for Union of India informed the court that the judgment in the case of Siddharth Enterprise was considered by the Delhi High Court in a related case. Therefore, the court decided to await the judgment of the Supreme Court in the mentioned Special Leave Petitions before proceeding with these matters. In Special Civil Application No. 13154 of 2020 and Special Civil Application No. 14465 of 2020, the court allowed the learned counsel for the petitioners to serve a copy on Shri Devang Vyas, the learned Additional Solicitor General. The court's decision to await the Supreme Court's judgment in the Special Leave Petitions related to the status of Rule 117 of the CGST Rules demonstrates a cautious approach to ensure consistency and coherence in the interpretation and application of the law. The involvement of multiple parties and the consideration of judgments from other high courts indicate the complexity and significance of the legal issues at hand. The court's decision to await the Supreme Court's ruling shows a prudent judicial strategy to avoid conflicting decisions and maintain legal certainty in matters of taxation law.
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