BAGADIYA BROTHERS PVT. LTD. Versus UNION OF INDIA AND ORS.
GST
2018 (9) TMI 852 – DELHI HIGH COURT – 2018 (16) G. S. T. L. 178 (Del.)
DELHI HIGH COURT – HC
Dated:- 6-8-2018
W. P. (C) 8183/2018 And CM APPL. 31317-18/2018
GST
MR. S. RAVINDRA BHAT AND MR. A. K. CHAWLA, JJ.
For The Petitioner : Mr. Alok Krishna Agarwal And Mr. Mayank Bughani, Advocates.
For The Respondents : Mr. Sanjeev Narula, CGSC with Mr.Abhishek Ghai, Advocate for UOI
ORDER
Petitioner complains that the Goods and Services Tax Council which considered its contentions that the Integrated Goods and Services Tax (IGST) is applicable for its commercial activities, has given an opaque ruling which is not decisive in any manner whatsoever.
The petitione
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l jurisdiction to enter into controversy and adjudicate on merits. It is submitted that as to the petitioner's claim of applicability of IGST Act or otherwise the most appropriate course would be to allow the concerned GST Officer to adjudicate on merits.
Having regard to the nature of the grievances articulated in these proceedings and further keeping in mind the petitioner's grievance that unless its concerns are properly dealt with or adjudicated, it is likely to lose substantial amounts on account of the impending finality with respect to the refund claimed (the last date mandated for the purpose is 30.09.2018), the Court is of the opinion that in case the petitioner urges these along with any other contention before the concerned GST
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