Ms Nav Bharat Roller And Flour Mills vs. State Of Punjab And Others

CWP/34973/2024HC Punjab and HaryanaGSTCNR PHHC01180652202420 December 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH3 pages
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Held

The High Court decided to dispose of the present writ petition subject to the final outcome of a Supreme Court case (T.S. Belaraman vs. The Commercial Tax Officer) which is examining a similar challenge. Interim orders from the Supreme Court are to continue.

Facts

The petitioner challenged the vires of Section 174(2) of the GST Act, 2017, which was incorporated from the Kerala State Goods and Services Tax Act, 2017. This section was previously upheld by the High Court and the Supreme Court.

Key Issues

The primary issue was the constitutional validity of Section 174(2) of the GST Act, 2017. The court considered the ongoing Supreme Court proceedings on this matter.

Sections Cited

Section 174(2)

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CWP-3497

I 153

M/s Nav B State of P

CORAM

PRESENT

SANJEE 1. 2. behalf of 3. section 17 as section has been and Harya

4.

Cha of Kerala holding th

73-2024(O&M)

IN THE HIGH COURT OF PU AT CHANDI

Bharat Roller and Flour Mills

Versus Punjab and others

M: HON’BLE MR. JUSTICE S HON'BLE MR. JUSTICE S T: Mr. J.S. Bedi, Advocate for the petitioner(s). Mr. Sourabh Kapoor, Addl. A **** V PRAKASH SHARMA, J. (O Notice of motion. Mr. Saurabh Kapoor, Addl. respondents/State. The issue raised in the pre 74(2) of the GST Act, 2017. Th n 174(2) of the Kerala State Goo incorporated in Punjab State G ana State Goods and Services Ta allenge to vires of the said sectio in bunch of cases which were d he provisions as within the frame UNJAB AND HARYANA IGARH

CWP-34973-2024

Decided on : 20.12.20

. . . Petitioner s

. . . Responden SANJEEV PRAKASH SHARM SANJAY VASHISTH A.G., Punjab. Oral) . A.G., Punjab, accepts notice esent writ petition is challenge he same provision was incorpora ods and Services Tax Act, 2017 Goods and Services Tax Act, 20 ax Act, 2017. on was laid before the High

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Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.