2021 (4) TMI 754 - SCH - GST

Vires of Explanation (a) to Rule 89(5) of the CGST Rules 2017 - HELD THAT - Since a large number of petitions are pending in the High Courts on the same issue, it is appropriate that we list the present batch of cases at an early date, which we do by posting the cases for final hearing on 28 April 2021. The entire batch of petitions shall be listed at the top of the Board on that date. The Registry shall ensure that the PDF format together with consecutive pagination is circulated to all the learned counsel appearing in the matter so as to ensure that the page references which are made available to the Court are also made available to all the learned members of the Bar for facilitating their submissions. List the Special Leave Petitions on 28 April 2021 at the top of the Board.

Summary

Issues:
1. Validity of Explanation (a) to Rule 89(5) of the CGST Rules 2017.
2. Discrepancy in judgments between the High Court of Gujarat and the High Court of Madras.
3. Directions for house-keeping and preparation for the final hearing.

Analysis:
1. The Supreme Court addressed a batch of petitions originating from conflicting judgments by the High Court of Gujarat and the High Court of Madras regarding the validity of Explanation (a) to Rule 89(5) of the CGST Rules 2017. The Gujarat High Court deemed the explanation ultra vires, while the Madras High Court held a contrary view. Due to numerous pending petitions on the same issue, the Supreme Court scheduled the cases for final hearing on 28 April 2021 to resolve the discrepancy.

2. To streamline the proceedings and assist the counsels and the Court in understanding the case comprehensively, the Supreme Court issued specific house-keeping directions. These directions included timelines for filing counter affidavits, circulation of an index of statutory provisions and circulars by the Revenue, circulation of case law index by the senior counsel, preparation of separate compilations for statutory provisions and case law, and filing of written submissions by all counsels at least two weeks before the hearing. The Registry was tasked with ensuring the circulation of PDF files with consecutive pagination for the convenience of all parties involved.

3. The Court emphasized the importance of timely compliance with the directions and provided contact information for assistance in accessing the PDF files if needed. The Special Leave Petitions were listed for 28 April 2021, prioritizing the cases for resolution. These meticulous directions aimed to facilitate a structured and informed final hearing, ensuring all relevant materials and submissions were organized and accessible to the Court and counsels involved.