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2023 (8) TMI 692 - HC - GSTConstitutional validity of the provisions of Section 17(5)(c) of the Central Goods and Services Tax Act, 2017 and Section 17(5)(c) of the Maharashtra Goods and Services Tax Act, 2017 - Restriction on benefit of ITC on works contract services - HELD THAT - This petition in terms of our order in CONNECT RESIDUARY PVT. LTD. VERSUS UNION OF INDIA ORS. 2023 (8) TMI 644 - BOMBAY HIGH COURT where it was held that Considering the complexion of the present proceedings, we agree with Mr. Rastogi, learned Counsel for the petitioner that the present petition can be permitted to be withdrawn with liberty to the petitioner to raise all contentions at the appropriate time and before the appropriate forum. Petition disposed off.
Issues involved: Challenge to the Constitutional validity of provisions of Section 17(5)(c) of the Central Goods and Services Tax Act, 2017 (CGST Act) and the Maharashtra Goods and Services Tax Act, 2017 (MGST Act).
Judgment Summary: Issue 1: Challenge to Constitutional Validity of CGST and MGST Act provisions The High Court, in the case of Connect Residuary Pvt. Ltd. Vs. Union of India & Ors., considered the challenge to the Constitutional validity of Section 17(5)(c) of the CGST Act and the MGST Act. The Court noted that a similar issue is pending before the Supreme Court. The Court agreed with the petitioner's counsel that the petition could be withdrawn with liberty to raise all contentions at the appropriate time and forum. Additionally, the Court allowed the petitioner to make an application regarding the availment of input credits, to be decided in accordance with the law. All contentions of the parties were expressly kept open. The petitioner had also filed an Interim Application before the Supreme Court to raise the same issues. The High Court disposed of the writ petition in terms of the order in the Connect Residuary Pvt. Ltd. case, except for paragraph 6 of the said order. The petition was withdrawn with liberty, and no costs were awarded. End of Summary
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