2024 (10) TMI 1529 - HC - GST

Challenge to SCN and summary of SCN - jurisdiction to issue SCN - taxabaility of transaction of sale of securities (i.e. Stock) - HELD THAT - This Court with regard to the order passed by this Court in M/S PADAM KUMAR JAIN VERSUS THE STATE OF JHARKHAND THROUGH THE COMMISSIONER, STATE TAX DEPARTMENT, RANCHI; JOINT COMMISSIONER OF STATE TAX; ASSISTANT COMMISSIONER OF STATE TAX; STATE TAX OFFICER, CHAIBASA CIRCLE, CHAIBASA 2024 (7) TMI 1546 - JHARKHAND HIGH COURT stating that the issue involved in that writ petition is similar to the present one, where it was held that 'issue involved in this writ petition has already been decided by this Court in M/S. PADAM KUMAR JAIN VERSUS THE STATE OF JHARKHAND; JOINT COMMISSIONER OF STATE TAX; ASSISTANT COMMISSIONER OF STATE TAX; STATE TAX OFFICER, CHAIBASA CIRCLE, JHARKHAND 2024 (7) TMI 1537 - JHARKHAND HIGH COURT where it was held that 'Considering the contentions made by the learned counsels for the parties, without going into merits of the case, the writ application is disposed of permitting the petitioner to proceed in accordance with law and file an appeal also raising the very issue of jurisdiction that has been raised in this writ petition.' Petition disposed off.

Summary

The High Court of Jharkhand disposed of a writ petition seeking to quash a show cause notice issued under section 74(1) of the Jharkhand Goods and Services Tax Act, 2017 for alleged non-taxable transactions of sale of securities. The petition was disposed of based on a previous similar order dated 8th July 2024 in another case.