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2021 (9) TMI 1057 - SCH - GSTSeeking transfer of Writ Petitions to the Supreme Court - constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 - HELD THAT - Even though learned Solicitor General insisted for transfer of cases pending before various High Courts to this Court, we are not inclined to entertain these transfer petitions, for the reason that various High Courts are already seized of the matters. In particular, in the matter before the High Court of M.P., Indore Bench, counter affidavit is already stated to have been filed. The High Court of Madhya Pradesh, Indore Bench is requested to dispose of the Writ Petition No.9443/2020, pending adjudication before it, as early as possible and preferably within a period of two months time from the date of communication of this Order. The Transfer Petitions are disposed of.
Issues Involved:
Transfer of Writ Petitions challenging the constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 to the Supreme Court. Analysis: The Supreme Court of India heard transfer petitions filed by the Union of India seeking the transfer of two Writ Petitions challenging the constitutional validity of Section 16(2)(c) of the CGST Act. The petitions were titled 'M/s. Cummins Technologies vs Union of India' pending before the High Court of Madhya Pradesh at Indore and 'M/s. SPL Infrastructure Private Limited v. Assistant Commissioner of State Tax, Narasannapeta and Ors.' pending before the High Court of Andhra Pradesh at Amaravati. The Union of India sought the transfer under Article 139A read with Article 142 of the Constitution of India. The Solicitor General highlighted that similar challenges were pending in 34 other writ petitions across nine High Courts in the country, emphasizing the need for a consolidated hearing due to the wide implications and financial ramifications involved. The Supreme Court, after hearing the arguments, declined to entertain the transfer petitions. The Court noted that the matters were already being considered by various High Courts, with counter-affidavits filed in some cases. Instead of transferring the cases to the Supreme Court, the High Court of Madhya Pradesh, Indore Bench was directed to expedite the disposal of Writ Petition No. 9443/2020 within two months from the date of the order. The parties were given the liberty to present their arguments before the High Court of Madhya Pradesh. For the other writ petitions pending in different High Courts, the parties were allowed to bring the Supreme Court's order to the attention of the respective High Courts to seek prompt resolution of their cases. In conclusion, the transfer petitions seeking the transfer of Writ Petitions challenging the constitutional validity of Section 16(2)(c) of the CGST Act to the Supreme Court were disposed of. Any pending applications were also deemed disposed of in line with the Court's decision.
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