M/S Agro Engineering Works vs. Union Of INDIA And Others

CWP/5114/2021HC Punjab and HaryanaGSTCNR PHHC01021834202123 November 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE SANJIV BERRY3 pages
AI SummaryRemanded

Facts

The petitioner, M/s Agro Engineering Works, filed a writ petition before the Punjab and Haryana High Court. The petition was filed challenging an order or action related to GST. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history leading to the writ petition is also not detailed. However, the judgment notes that counsel for the parties brought to the court's attention directions passed by the Hon'ble Supreme Court on July 22, 2022, in SLP(C) Nos. 7425-7428 of 2020.

Held

The High Court held that in view of the directions issued by the Hon'ble Supreme Court on July 22, 2022, in SLP(C) Nos. 7425-7428 of 2020, the petitioner did not press the instant writ petition. The Supreme Court's directions mandated GSTN to open a common portal for filing/revising TRAN-1 and TRAN-2 forms for a specified period, allowing aggrieved registered assessees to file or revise their forms irrespective of prior writ petitions or ITGRC decisions. The concerned officers were given 90 days thereafter to verify claims and pass orders on merits after affording an opportunity of being heard. Allowed transitional credit was to be reflected in the Electronic Credit Ledger. The High Court found it appropriate to dispose of the writ petition in light of these overarching directions. The ratio decidendi is that when a higher court issues comprehensive directions covering the subject matter of a pending writ petition, the High Court should dispose of the petition in accordance with those directions, especially when the petitioner does not press their case.

Key Issues

The primary issue before the High Court was whether to proceed with the writ petition in light of the Supreme Court's directions. The petitioner's counsel, after being made aware of the Supreme Court's order, did not press the instant petition. The judgment does not record any specific arguments made by the respondents (Union of India and others) regarding the petitioner's case. The Supreme Court's directions addressed the opening of a common portal for filing/revising forms for availing Transitional Credit through TRAN-1 and TRAN-2, the verification of claims by concerned officers, and the reflection of allowed credit in the Electronic Credit Ledger. The High Court's decision was predicated on these Supreme Court directions.

Sections Cited

TRAN-1, TRAN-2

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5114-2021(O&M) Date of Decision:23.11.2022 M/s Agro Engineering Works ....... Petitioner versus Union of India and others ...... Respondents CORAM : HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE SANJIV BERRY *** Present: Mr. Nand Kishore Sharma, Advocate and Mr. T.C.Saini, Advocate for the petitioner. Ms.Shruti Jain Goyal, DAG, Haryana. Mr. Rishabh Kapoor, Advocate for respondent No.4. *** TEJINDER SINGH DHINDSA, J. (ORAL) Counsel for the parties have brought to our notice that in SLP (C) Nos. 7425-7428 of 2020 the Hon'ble Supreme Court has passed the following directions on 22.07.2022:- “Upon hearing the counsel the Court made the following

ORDER Permission to file Special Leave Petition (s) is allowed. Delay condoned. Having heard learned Additional Solicitor General, learned counsel appearing for different States and learned counsel appearing for different private parties and having perused the record, we are of the view that it is just and proper to issue the following directions in these cases:

1.

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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.