Tlg INDIA PVT LTD vs. Union Of INDIA And Ors

CWP/12860/2022HC Punjab and HaryanaGSTCNR PHHC01061832202214 September 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE DEEPAK MANCHANDA1 pages
AI SummaryRemanded

Held

The Court was informed by the petitioner's counsel that the notice dated April 13, 2022, which contemplated the conduct of a special audit under Section 66 of the CGST Act, 2017, had been withdrawn by the revenue authorities after the filing of the writ petition. In light of this development, the Court found the writ petition to have become infructuous. Consequently, the petition was disposed of on this basis. No specific findings were made on the validity or merits of the original notice, as the issue became moot due to its withdrawal. Any pending applications related to the petition were also disposed of.

Facts

The petitioner, TLG India Pvt. Ltd., filed a writ petition before the High Court of Punjab and Haryana challenging a notice dated April 13, 2022. This notice contemplated the initiation of a special audit under Section 66 of the Central Goods and Services Tax (CGST) Act, 2017. The respondents were the Union of India and others. The procedural history involves the filing of the writ petition and a subsequent statement made by the petitioner's counsel.

Key Issues

1. Whether the notice dated April 13, 2022, contemplating a special audit under Section 66 of the CGST Act, 2017, was valid and warranted. Petitioner's Contention: The petitioner argued that the notice for a special audit was not justified. Respondents' Contention: The respondents' arguments are not recorded in the judgment. However, the issuance of the notice itself implies a position that a special audit was deemed necessary by the revenue authorities.

Sections Cited

Section 66

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12860-2022 (O&M) Date of decision:14.09.2022 TLG India Pvt. Ltd.

..... Petitioner versus Union of India and others ......Respondents

CORAM : HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE DEEPAK MANCHANDA Present:- Mr. Amarinder Singh, Advocate and Ms. Priyanka Singla, Advocate for the petitioner. Mr. Tajender K. Joshi, Senior Standing Counsel with Mr. Vaibhav Gupta, Jr. Standing Counsel for respondents. ***** TEJINDER SINGH DHINDSA, J. (ORAL) Challenge in the instant petition was to a notice dated 13.04.2022 (Annexure P-1) contemplating the conduct of a special audit under Section 66 of the CGST Act 2017. Mr. Amrinder Singh, counsel for the petitioner makes a statement that after filing of the instant writ petition, the notice has since been withdrawn. In the light of such statement made by counsel, writ petition is disposed of as infructuous. Pending application(s), if any, shall also stands disposed of. (TEJINDER SINGH DHINDSA)

JUDGE (DEEPAK MANCHANDA) JUDGE 14.09.2022 shweta Whether speaking/rea

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.