9911796707
TMI Blog2025 (3) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... 23 dated 16th January, 2024 issued by Respondent No. 1 ( State of Maharashtra) exercising powers under Section 168A of the Central Goods and Services Tax Act, 2017 (CGST Act). Consequently, the Petitioner also seeks quashing of the impugned Order Reference No. ZD2708240680358 dated 23rd August, 2024 issued in Form GST DRC- 07 passed by Respondent No. 3 ("impugned order") under Section 73 (9) of the CGST Act. 2. The short point in this Writ Petition is that the Notifications issued under Section 168A, extending the time limits specified under the CGST Act, are wholly illegal and ultra vires. The main ground of challenge is that these Notifications have to be issued on the recommendation of the GST Council (Respondent No.5). It is the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court and now the Supreme Court is seized of the matter. He therefore, submitted that this Writ Petition be admitted, Rule be issued, and Interim Relief be granted. 5. On the other hand, the learned AGP appearing on behalf of the State submitted that Section 168A was brought into force by virtue of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. Section 168A was enacted specifically to deal with cases like wars and pandemics etc, and which would include the Covid- 19 Pandemic. He submitted that once this is the provision, and the fact that the Covid-19 Pandemic would be a force majeure event [as contemplated under Section 168A], no exception can be taken to the issuance of the said Notifications. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elief to the Petitioner. In these circumstances, there will be interim relief in terms of prayer clause (e) which reads thus :- "e. that pending the hearing and final disposal of this petition, this Hon'ble Court be pleased to direct the Respondents by themselves, their officers, subordinates, servants and agents by an interim order and injunction to refrain from acting upon or taking any further steps or proceedings in pursuance of and/or in furtherance Order Reference No. ZD2708240680358 dated 23.08.2024 issued by the Respondent No.3 (Exhibit "B");" 9. We grant liberty to the parties to apply in the event the matter before the Hon'ble Supreme Court is disposed of one way or the other. 10. This order will be digitally signed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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