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2024 (5) TMI 748 - HC - GSTLevy of GST on the seigniorage paid by the petitioner to the Government - reverse charge mechanism - HELD THAT - Reliance placed on the recent judgment of the Division Bench of this Court in a batch of writ petitions in TVL. A. VENKATACHALAM VERSUS THE ASSISTANT COMMISSIONER (ST) 2024 (2) TMI 488 - MADRAS HIGH COURT where it was held that It is made clear that there shall be no recovery of GST on royalty until the Nine Judge Constitution Bench takes a decision. This petition is liable to be disposed of on the same terms.
Issues involved: Challenge to notice dated 11.01.2024 in Form ASMT-10 regarding imposition of GST under reverse charge mechanism on seigniorage paid to Government.
Judgment Summary: Issue 1: Challenge to notice regarding imposition of GST under reverse charge mechanism on seigniorage paid to Government. The petitioner filed a writ petition assailing the notice dated 11.01.2024 in Form ASMT-10 related to the imposition of GST under the reverse charge mechanism on seigniorage paid to the Government. The learned Government Advocate accepted notice on behalf of the respondent and referred to a recent judgment of the Division Bench in A. Venkatachalam v. Assistant Commissioner. The directions issued in the said judgment were followed, requiring the petitioners to submit objections within four weeks, adjudication to proceed after hearing the petitioners, and orders to be kept in abeyance until a decision by the Nine Judge Constitution Bench on the nature of royalty. The judgment directed no recovery of GST on royalty until the Nine Judge Constitution Bench decides. The petition was disposed of in accordance with the directions issued in the mentioned case, with no costs incurred, and related applications were closed. This summary captures the essence of the judgment, outlining the challenge faced by the petitioner regarding the imposition of GST under the reverse charge mechanism and the subsequent disposal of the petition based on the directions provided in a relevant prior case.
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