M/S Saraswati Spinning And Weaving Mills vs. The State Of Hp And Others
Held
The Court directed the petitioner to file responses before both Central and State authorities, who were then ordered to coordinate to avoid parallel adjudication. The authorities were to decide the competent authority to continue proceedings based on the Armour Security judgment.
Facts
The petitioner sought to quash a demand notice for Input Tax Credit (ITC) and challenged the validity of Section 16(2)(c) of the GST Act. The petitioner also raised the issue of parallel proceedings initiated by both State and Central GST authorities for the same period.
Key Issues
The primary issues were the denial of ITC based on Section 16(2)(c) and the maintainability of parallel proceedings by different tax authorities under Section 6(2)(b) of the CGST Act.
Sections Cited
Section 16(2)(c), Section 6(2)(b), Section 70
AI-generated summary — verify with the full judgment below
2026:HHC:19016 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4028 of 2026 Date of decision: 20.05.2026 M/s Saraswati Spinning and Weaving Mills. ...Petitioner. Versus State of Himachal Pradesh & Ors. …Respondents. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting?1 Yes. For the petitioner : Mr. J.S. Bedi, Advocate.
For the respondents : Mr. Anup Rattan, Advocate General with Mr. Sushant Keprate, Additional Advocate General, for respondents No.1 and 3 to 6. : Mr. Shashi Shirshoo, Central Government Counsel, for respondent No.
Vivek Singh Thakur, Judge
Petitioner has approached this Court seeking following main substantial relief(s):-
“i. For issuance of writ of certiorari for quashing the DRC-01 dated 22.11.2023 issued by respondent no. 3 for the period of 2019-20 (Annexure P-3) on the ground of 16(2)(c). ii. For issuance of a writ in the nature of certiorari/ mandamus for quashing /reading down the provisions of Section 16(2)(c) of the Central GST Act
The judgment continues below.
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Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.