2024 (7) TMI 365 - HC - GST

Levy of GST on royalty paid to the Government - HELD THAT - In this case, the petitioner has come after the impugned order was passed. Considering the same, this Writ Petition is disposed of by directing the respondent to keep the recovery abeyance, pending further orders of the Hon ble Supreme Court - In case, the levy is upheld, the respondents are at liberty to proceed against the petitioner to recover tax. In case, the issue is answered against the revenue by the Hon ble Supreme Court, the impugned order shall deemed to have been quashed with effect from the date of the order the Hon ble Supreme Court. Petition disposed off.

Summary

Issues Involved:
1. Disposal of Writ Petition based on guidelines from a Division Bench order
2. Guidelines issued regarding show cause notice and pending Supreme Court decision on GST levy
3. Permission for assessee to file reply and keeping adjudication in abeyance
4. Petitioner approaching after the impugned order
5. Direction to keep recovery abeyance pending Supreme Court orders
6. Authority to proceed with recovery based on Supreme Court decision

Analysis:

1. The Writ Petition was disposed of based on the guidelines provided in a Division Bench order dated 08.01.2024 in a batch of Writ Petitions. The guidelines pertained to the show cause notice issued and were directed to be kept pending the order of the Hon'ble Supreme Court on the reference concerning the levy of GST on royalty paid to the Government.

2. The assessee was allowed to file their reply, and the Authorities were instructed to keep the adjudication in abeyance until the Nine Judges Constitutional Bench of the Hon'ble Supreme Court decides on the issue related to GST levy. This decision was crucial in determining the further course of action regarding the tax matter in question.

3. Despite the petitioner approaching after the impugned order was passed, the Court directed the respondent to keep the recovery abeyance pending further orders from the Hon'ble Supreme Court. This decision aimed to ensure fairness and justice in the proceedings, considering the ongoing legal developments and uncertainties surrounding the tax issue.

4. In case the levy is upheld by the Supreme Court, the respondents were given the liberty to proceed against the petitioner to recover the tax amount. Conversely, if the Supreme Court ruled against the revenue on the issue, the impugned order would be deemed quashed from the date of the Supreme Court's decision. This provision ensured clarity and specified the actions to be taken based on the final judicial determination.

5. The Writ Petition was concluded with the aforementioned directions, and no costs were imposed. Additionally, the connected miscellaneous petitions were closed as a result of the judgment. The detailed analysis of each issue addressed in the judgment reflects the Court's meticulous consideration of the legal aspects and the need to maintain procedural fairness and compliance with the law.