JK Mittal & Company, Legalance IP Corp LLP Versus Union of India & Ors

2017 (7) TMI 623 – Delhi High Court – 2017 (3) G. S. T. L. 433 (Del.) , 2017 (352) E.L.T. 430 (Del.) , [2017] 1 GSTL 37 (Del) – GST on legal services – reverse charge mechanism – Respondents (Government) are seeking more time to address the important legal and constitutional issues that arise in these petitions and it is asserted in the Court on behalf of the Respondents that as to date, in fact, no coercive action is taken against the lawyers, law firms or providers of legal services, Limited Liability Partnerships (LLP), for non-compliance with the legal requirement of the CGST, IGST and DGST – Next Date is 14th September, 2017 – W.P.(C) 5709/2017, W.P.(C) 6017/2017 Dated:- 18-7-2017 – Mr. S. Muralidhar And Ms. Prathiba M. Singh JJ For the Petitioner: Mr. J.K. Mittal, Advocate, Petition in person with Mr. Rajveer Singh, Mr. Hitender Mehta, Mr. Rajesh Kumar, Mr. Atul Krishnan, Advocates. Ms. Vanita Bhargava, Mr. Ajay Bhargava, Mr. Abhishek Rastogi And Ms. Rashmi Deshpande, Advocates

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h August, 2017. 5. Rejoinder thereto, if any, be filed before the next date of hearing. 6. List for hearing on 14th September, 2017 at 2.15 pm. CM APPL. No. 23814/2017 (STAY) IN W.P.(C) 5709/2017 CM APPL. No. 25007/2017 (STAY) IN W.P.(C) 6017/2017 7. Mr. Narula, learned CGSC for Union of India has produced a Press Release which the Court finds has been issued by the Press Information bureau, Ministry of Finance, Government of India on the position regarding applicability of GST on Legal Services provided by individual Advocates including Senior Advocates and a Firm of Advocates. 8. during the course of hearing, several questions arose as regards the said Press Release itself. Mr. Narula, sought further time to seek instructions of those question. In particular, (i) whether there were any further recommendations of the GST Council on legal services after what had been recommended at the 14th Meeting of the GST Council held on 19th May, 2017. (ii) Under what authority of law, such a Pres

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ission on behalf of respondent No. 1 signed by the Commissioner, Central Tax Commissionerate, New Delhi. Considering the importance of the issues in this petition, which involve the interpretation of the relevant provisions of the Constitution of India, and the concerned statutes, the court would expect each of the Respondents to file a para wise reply to the petition and also specifically answer the queries as noted in the court s order dated 12th July, 2017 and this order. 12. A responsible officer of the Ministry of Finance as well as the concerned department of the GNCTD will file the respective reply affidavits on behalf of Respondent No.1 and GNCTD. Likewise, the reply on behalf of the GST Council should be filed separately through it Additional Secretary. 13. Considering that the Respondents are seeking more time to address the important legal and constitutional issues that arise in these petitions and it is asserted in the Court on behalf of the Respondents that as to date, in

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