Gil Tpl Jv vs. State Of Haryana And Others

CWP/27774/2024HC Punjab and HaryanaGSTCNR PHHC01140565202416 October 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH2 pages
AI SummaryRemanded

Facts

The petitioner, M/s GIL TPL (JV), filed a writ petition before the High Court of Punjab and Haryana seeking a direction for the respondents to decide their pending appeals. These appeals, filed in Form GST APL-01, related to various tax periods and had been pending since May 2023, October 2023, November 2023, and February 2024. The petitioner's counsel limited the prayer to expedite the decision on these appeals. The respondents are the State of Haryana and others.

Held

The Court held that in cases of a commercial nature relating to GST, it is necessary and essential for appeals to be decided expeditiously. The Court noted its previous judgments establishing that appeals should preferably be decided within three months of filing. Considering the substantial pendency of the petitioner's appeals, the Court directed the respondents to decide the said appeals as early as possible, preferably within a period of one month from the date of the order. The petitioner is responsible for serving a copy of the order to the Appellate Authority. No specific issue was left undecided.

Key Issues

1. Whether the High Court should direct the respondents to decide the pending GST appeals filed by the petitioner, considering their prolonged pendency? (Question of law and procedure). The petitioner argued that the appeals have been pending for an extended period, causing undue delay. The petitioner sought a direction for expeditious disposal. The respondents, represented by the State of Haryana, did not present any arguments against the petitioner's prayer for expeditious disposal. The judgment does not record any specific arguments from the revenue.

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27774-2024 DECIDED ON: 16.10.2024

M/S GIL TPL (JV) .....PETITIONER VERSUS STATE OF HARYANA AND OTHERS .....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Sandeep Goyal, Advocate, for the petitioner. Ms. Mamta Singla Talwar, DAG, Haryana. SANJEEV PRAKASH SHARMA, J (ORAL) Counsel for the petitioner limits his prayer to direct the respondents to decide the appeals, which had been pending since May 2023, October 2023, November 2023 and February 2024, relating to the various periods, filed in Form GST APL-01. We have already held in several cases that once, the appeals are filed considering the commercial nature of the cases relating to GST, it is necessary and essential that the same be decided expeditiously and preferably within a period of three months from the date of filing of the appeals. Keeping in view the pendency of appeals, we accordingly direct the respondents to decide the said appeals as early as possible, preferably within a period of one month henceforth. LAVISHA 2024.10.18 18:55 I attest to the accuracy and aut

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