Shree Shyam Steel vs. Union Of INDIA And 5 Ors

Facts

The petitioner, Shree Shyam Steel, a partnership firm, filed a writ petition before the Gauhati High Court. The respondents included the Union of India, the State of Assam, the Goods and Services Tax Council, and various GST authorities. The specific tax period and the order or action under challenge are not detailed in the provided text. The amount in dispute is also not mentioned. The procedural history is limited to the filing of the writ petition and the subsequent submission by the petitioner's counsel.

Held

The Court noted the submission of the petitioner's counsel that, in view of the Finance Act of 2024 having been notified, the petitioner intended to avail the benefits provided under Section 16(5) of the newly amended Central Goods and Service Tax Act, 2017. Consequently, the petitioner did not wish to press the writ petition. The Court accepted this submission and closed the writ petition. The interim order, if any, was also vacated. The reasoning is based on the petitioner's election to pursue remedies under the amended law rather than litigate the current petition.

Key Issues

1. Whether the petitioner can avail the benefits provided under Section 16(5) of the newly amended Central Goods and Service Tax Act, 2017, in light of the notification of the Finance Act of 2024? The petitioner argued that they would not press the instant writ petition and would instead avail the benefits provided under the newly amended Section 16(5) of the CGST Act, 2017, following the notification of the Finance Act of 2024. The respondents' arguments are not recorded in the judgment.