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2024 (5) TMI 174 - HC - GSTLevy of GST on the value of the by-products i.e., broken rice, bran and husk - HELD THAT - When the matter is listed, both the learned counsel for petitioner as well as learned Government Pleader for Commercial Taxes would admit that the subject matter of this Writ Petition iin SHIRIDI SAINATH INDUSTRIES VERSUS DEPUTY COMMISSIONER OF SERVICES TAX (INTERNATIONAL TAXATION) 2021 (1) TMI 175 - ANDHRA PRADESH HIGH COURT , where it was held that ' the impugned Assessment Order passed by the 1st respondent in so far as it relates to the levy of GST on the value of by-products i.e., broken rice, bran and husk treating them as part of the consideration paid to the petitioner for milling of the paddy, is set aside'. This Writ Petition is allowed and the impugned Assessment Order dated 24.09.2019 passed by the 1st respondent in so far its relates to levy of GST on the value of the by-products i.e., broken rice, bran and husk treating them as part of the consideration paid to the petitioner for milling of the paddy is set aside.
Issues involved:
The judgment involves a writ petition filed under Article 226 of the Constitution of India seeking relief against the orders of the 1st Respondent dated 24.09.2019 regarding the levy of CGST and SGST for the period July 2017 to November 2018, specifically related to the liability of GST on the byproducts retained by the 2nd Respondent Corporation. Levy of GST on Byproducts: The court noted that the subject matter of the writ petition was covered by a previous order of the Division Bench of the High Court dated 20.11.2020. In line with the reasoning and decision of the previous order, the court allowed the writ petition and set aside the impugned Assessment Order dated 24.09.2019, which levied GST on the value of the by-products (broken rice, bran, and husk) as part of the consideration paid for milling of the paddy. The court declared the levy of GST on these by-products as illegal, arbitrary, and contrary to law, thereby relieving the petitioner from the GST liability on the said by-products. No costs were awarded, and any pending interlocutory applications in the case were closed as a result of this judgment.
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