Defence against Writ Petitions/PILs relating to GST- reg.
D.O.F.No.275/65/2013-CX.8A Dated:- 5-9-2017 Order-Instruction
Central Excise
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE & CUSTOMS
D.O.F.No.275/65/2013-CX.8A
New Delhi: 05.09.2017
SUB: Defence against Writ Petitions/PILs relating to GST- reg.
After the implementation of GST w.e.f. from 1st July, 2017, a number of Writ Petitions/PILs are being filed in various High Courts challenging or seeking clarification on various aspects of GST Law and rate of tax on some products. As GST is at its inception stage, it is important to defend the issues effectively to defend the interest of Government.
2. Board has already issued Instruct
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ent/ UOI Counsels. If the Union of India and others, are also one of the respondents, necessary authorisation will be issued by the Board to Principal Commissioner/ Commissioner and a proposal may be sent to the Commissioner (Legal), CBEC well in time. The Principal Commissioner/ Commissioner in whose favour the authorization is to be issued may also be indicated. Simultaneously, policy comments if any, may be sought directly from the concerned Policy Section of the Board or GST Council, as the case may be. All the petitions filed in the High Courts should be examined carefully and a self-contained reference should be made directly to the Policy Wing/ GST Council clearly pointing out the exact policy issue (s) on which the comments are requ
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