Jindal Dyechem Industries (P) LTD. vs. Union Of INDIA & Ors.

W.P.(C)/8677/2017HC DelhiGSTCNR DLHC01446298201716 April 2018Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE A. K. CHAWLA1 pages
For Petitioner: versus UNION OF INDIA & ORSFor Respondent: Mr. Amit Bansal and Mr. Aman Rewaria, Advocates for respondent No. 4
AI SummaryPartly Allowed

Held

The Court acknowledged a potential error in its previous order regarding the timing of the IGST exemption notification. It issued notice to the petitioner to address this discrepancy.

Facts

The petitioner sought review of a previous order. The respondent argued that the order erroneously stated that an IGST exemption existed at the time of GST implementation, when the relevant notification was issued later.

Key Issues

Whether the IGST exemption notification was in force at the time of GST implementation, and if the previous court order incorrectly recorded its existence.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~2. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8677/2017 JINDAL DYECHEM INDUSTRIES (P) LTD. ..... Petitioner Through: versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Amit Bansal and Mr. Aman Rewaria, Advocates for respondent No. 4. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R % 11.10.2019 REVIEW PET. 426/2019 and CM APPL. 44837/2019

The submission of Mr. Bansal is that there is an error apparent on the face of the order dated 16.04.2018 inasmuch, as, while on the one hand, this Court rightly took note of the fact that the exemption from IGST was granted, for the first time, vide notification dated 13.10.2017 and that such an exemption was not in force on the implementation of the Goods And Services Tax Act w.e.f. 01.07.2017, on the other hand, this Court recorded in the order dated 16.04.2018 that “In these circumstances, this Court is of the opinion that since the benefit of exemption in fact existed at that point of time........”

Issue notice to the petitioner returnable on 06.12.2019. VIPIN SANGHI, J

A. K.

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