Ms Rishab Metal And Alloys vs. State Of Punjab And Others

CWP/33826/2024HC Punjab and HaryanaGSTCNR PHHC01173558202416 December 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH3 pages
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Held

The High Court decided that the challenge to Section 174(2) of the GST Act, 2017, would be subject to the final outcome of the Supreme Court's decision in the case of T.S. Belaraman. Interim orders would continue to operate until then.

Facts

The petitioner challenged Section 174(2) of the GST Act, 2017. This issue was previously adjudicated by the High Court in another case, which was then appealed to the Supreme Court.

Key Issues

The primary issue was the validity and application of Section 174(2) of the GST Act, 2017, pending a final decision from the Supreme Court.

Sections Cited

Section 174(2)

AI-generated summary — verify with the full judgment below

CWP-33826-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 128 CWP-33826-2024

Decided on : 16.12.2024 M/s Rishab Metal and Alloys . . . Petitioner(s) Versus State of Punjab and others . . . Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. J.S. Bedi, Advocate (through V.C.) for the petitioner(s). Mr. Saurabh Kapoor, Addl. AG, Punjab. **** SANJEEV PRAKASH SHARMA

, J. (Oral)

1.

Notice of motion.

2.

Mr. Saurabh Kapoor, Addl. AG, Punjab, accepts notice for the respondents - revenue.

3.

Both the counsel are ad idem that the issue involved in the present petition stands finally adjudicated by this Court in CWP No. 18967 of 2020 (O&M) & other connected cases, titled as,“Tecnimont Spa India Project Office vs. State of Punjab and another”, decided on 10.12.2024, wherein, we have held as under:

“1. The issue raised in the present bunch of writ petitions is challenge to section 174(2) of the GST Act, 2017. The same provision was incorporated as section 174(2) of the Kerala State Goods and Services Tax Act, 2017 as has been incorporated in Punjab State Goods and Services Tax Act, 2017 and Haryan

The judgment continues below.

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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.