The High Court considered the maintainability of a writ petition ...

Writ-petition challenging GST circulars remanded back to court of single bench for decision.

June 13, 2024

Case Laws     GST     HC

The High Court considered the maintainability of a writ petition u/s Article 226 challenging a circular under the Central Goods & Services Tax Act. It held that the appellate authority lacks jurisdiction to declare a provision ultravires, a power reserved for Constitutional Courts. The impugned order was set aside, and the writ petition remanded to the Single Bench for deciding the vires of the circular after hearing the parties. The petition was disposed of by way of remand.

View Source