9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 712 - HC - GSTVires of Clause (c) of Sub-section (2) of Section 16 of the Odisha Goods and Services Tax Act, 2017/ Central Goods and Services Tax Act, 2017 - Input Tax Credit - HELD THAT - Issue notice to the opposite parties. One extra copy of the writ petition be served on Mr. P.K. Parhi, learned DSGI and three extra copies of the brief be served on Mr. Sunil Mishra, learned Standing Counsel appearing for the Revenue by tomorrow (07.02.2024) enabling them to obtain instruction in the matter and file counter affidavit. As an interim measure, it is directed that the petitioner shall deposit 20% of the tax as determined vide assessment order dated 17.12.2023 passed under Section 73 of the OGST/CGST Act within a period of four weeks from today. In the event of such deposit, no coercive action shall be taken against the petitioner till disposal of the writ petition. List this matter along with W.P.(C) No.13302 of 2022 on the date fixed therein.
Issues: Challenge to the vires of Clause (c) of Sub-section (2) of Section 16 of the Odisha Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017.
Summary: 1. The petitioner challenged the vires of Clause (c) of Sub-section (2) of Section 16 of the OGST Act/CGST Act, regarding entitlement to credit of input tax, based on an order raising a demand for tax, interest, and penalty for the tax periods July 2017 to March 2018. 2. The petitioner's counsel argued that the assessment under Section 73 of the OGST/CGST Act was unjust as it held the recipient liable for the supplier's default in showing the transaction in Form-GSTR-3B, leading to additional tax, interest, and penalty. 3. The Revenue's counsel mentioned the availability of appeal under Section 107 of the OGST/CGST Act but acknowledged the constitutional challenge based on Articles 14 and 19(1)(c) read with Article 265 of the Constitution of India, requesting time to file a counter affidavit. 4. The Court issued notice to the opposite parties, directing service of extra copies of the writ petition and briefs for their response by a specified date, and ordered an interim measure for the petitioner to deposit 20% of the tax amount within four weeks to avoid coercive action pending the writ petition's disposal. 5. The matter was scheduled to be listed with another case on a specified date, and an urgent certified copy of the order was to be issued according to rules.
|
