M/S Allied Engineers & Builders PVT. LTD. vs. M/S Muthoot Finance Limited & Anr

W.P.(C)/3597/2020HC DelhiGSTCNR DLHC01018161202018 June 2020Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA5 pages
For Respondent: Arvind Kumar, Assistant Commissioner of Central GST
AI SummaryDismissed

Held

The Court held that the disclosure of ITC availed by the tenant is immaterial to the petitioner's liability to pay taxes to the department. The Court also found no legal provision obligating the tax department to furnish such information.

Facts

The petitioner, a landlord, sought a direction from the High Court to the GST department to disclose if the tenant (Respondent No. 1) had claimed Input Tax Credit (ITC) for GST/Service Tax charged by the petitioner on rent invoices. The petitioner claimed the tenant had not paid these taxes despite availing credit.

Key Issues

Whether the tax department is obligated to disclose a tenant's ITC claims to a landlord, and whether such disclosure is relevant to the landlord's tax liability.

Sections Cited

CGST Act, 2017

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
W.P.(C) 3597/2020 Page 1 of 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18.06.2020 + W.P.(C) 3597/2020 M/S ALLIED ENGINEERS & BUILDERS PVT. LTD. .….Petitioner Through: R.M. Sinha and Prateek M. Sinha, Advocates. versus M/S MUTHOOT FINANCE LIMITED & ANR …..Respondents Through: Arvind Kumar, Assistant Commissioner of Central GST. CORAM: HON’BLE MR. JUSTICE MANMOHAN HON’BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral) CM APPL. 12795/2020

1.

Exemption allowed, subject to just exceptions.

2.

The application is disposed of.

W.P.(C) 3597/2020

3.

The Petitioner has preferred the present petition under Article 226 of the Constitution of India seeking the following reliefs: “It is therefore respectfully prayed that this Hon'ble Court may kindly be pleased to issue writ of mandamus or certiorari any other similar writ or order or direction, directing the respondent no.2 to disclose as to whether the respondent no.1 has taken credit of the GST amount earlier Service Tax qua (GST REGN. N0.07AA

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