9911796707
TMI Blog2021 (1) TMI 1093X X X X Extracts X X X X X X X X Extracts X X X X ..... CING] CM APPL. 2678/2021 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CM APPL. 2677/2021 (ad-interim ex parte relief) in W.P.(C) 990/2021 3. By way of this petition, inter-alia, challenge is made to Section 171 of the CGST Act, 2017 ('the Act') and other provisions under Chapter XV of the Act on the ground that the same are ultra vires Article 246A of the Constitution of India, 1950 and are also violative of other articles of the Constitution of India. Further, it is contended that the very composition of the Respondent No. 2/National Anti-Profiteering Authority under Rule 122 of the CGST Rules, 2017 ('the Rules') is unconstitutional and unsustainable in the absence of a judicial member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rained Respondent No.3 from carrying out further investigation with regard to the other products of the Petitioner therein. He submits that case of the present Petitioner is on a better footing as in the impugned order, after accepting the contentions of the Petitioner with regards to non-consideration of various submissions and factual errors which were apparent in the report of the Respondent No. 3, it was held that the present case requires further investigation as per Rule 133 (4) of the Rules. In these circumstances, Respondent No.3 has been directed to re-investigate various issues and furnish a report under Rule 129(6) of the Rules. However, despite ordering re-investigation of allegations of profiteering by the Petitioner in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore entitled to the interim protection, pending disposal of the present petition. Accordingly, it is directed that the directions given in the impugned order to Respondent No. 3 to investigate 14 projects of the Petitioner in the State of Haryana, shall remain stayed. It is however clarified that the investigation with respect to the 'Discovery Project' at Faridabad shall continue in terms of the directions given in the impugned order. 10. Issue notice. 11. Mr. Anil Soni, learned CGSC accepts notice on behalf of Respondent No.1/Union of India. 12. Ms. Sonu Bhatnagar, learned Senior Standing Counsel accepts notice on behalf of Respondent No. 4. 13. Mr. Ravi Prakash, learned Counsel accepts notice on behalf of Respondent Nos.2, 3 and 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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