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Notification No. 56/2023 prima facie appears ultra vires Section ...


Notification questioned over lack of Council nod; interim reprieve for petitioners, authorities to justify stance.

Case Laws     GST

September 2, 2024

Notification No. 56/2023 prima facie appears ultra vires Section 168A of CGST Act, 2017 due to lack of GST Council recommendation, rendering consequential actions based on it invalid. Court finds examination required regarding force majeure applicability based on 49th GST Council meeting minutes, granting respondent authorities opportunity to present stance and materials. Interim protection granted to petitioners against impugned assessment order dated 26.04.2024 with no coercive action permitted until next date. Respondents directed to file affidavits by 19.08.2024.

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