Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

GST Update on whether amendment in writ petition permissible after the trial has commenced? 151/2020-21

GST Update on whether amendment in writ petition permissible after the trial has commenced? 151/2020-21
 
GST Update on whether amendment in writ petition permissible after the trial has commenced?
 
It is settled principle of law that the petitioner can take additional grounds only with the permission of the appellate authority wherein there is discretion as regards allowing admissibility of additional evidence/grounds only if there was sufficient cause for not taking those grounds earlier by the petitioner. Recently, the Hon’ble Sikkim High Court dismissed the “I.A.” (Interitum Application) filed by M/s SUN PHARMA LABORATORITES LIMITED VERSUS UNION OF INDIA & OTHERS on the grounds that the there is no justification for raising additional grounds after the main writ petition was finally heard. The decision rendered by the Hon’ble Sikkim High Court is the subject matter of consideration of our present update.
 
The petitioner, at the outset, filed main writ petition for granting them refund of entire CGST and 50% IGST paid through electronic cash ledger in view of Budgetary Support Scheme introduced vide notification no. 21/2017-CE dated 18.07.2017 which was in lieu of area based exemption granted in Central Excise Laws for North-Eastern States. However, since the issue regarding grant of benefit on the grounds of principle of promissory estoppel filed before Supreme Court was decided against the petitioner, they sought to make amendments in their writ petition by challenging the vires of proviso to section 174(2)(c) of the CGST Act, 2017 and notification no. 21/2017-CE dated 18.07.2017  as unconstitutional being contrary to Article 14 of the Constitution of India.
 
The hon’ble High Court held that as per Order VI Rule 17 of the CPC, the Court has powers to allow either party to alter or amend their pleadings at any stage of proceedings on such terms as may be just. It requires that all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties provided that no application for amendment shall be allowed after the trial has commenced unless the Court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of trial. However, in the present case, the writ petition was finally heard on 03.09.2019 and judgment reserved.
 
By the proposed amendments the Petitioner seeks to challenge the vires of Section 174(2)(c) of the Central Goods and Services Tax Act, 2017 and Notification No.21/2017-C.E., dated 18-07-2017, on the ground that it takes away the vested rights of the Petitioner by reducing the exemption/benefits to the Petitioner. The prayers in the Writ Petition are confined to enabling the Petitioner to claim full refund of the CGST and 50% of the IGST paid through the electronic cash ledger. It cannot be said that the Petitioner was unaware of the provision of the statute the vires of which they now seek to assail, nor was it inserted at some point later in time to the filing of the Writ Petition. The question of the Petitioner’s inability to raise the matter in spite of due diligence, before the matter was heard or was taken up for hearing, therefore, does not arise. In view of the questions involved in the instant Writ Petition it cannot be said that the amendments are necessary for determining the real question in controversy between the parties considering the prayers of the Petitioner referred above. The proposed amendments if permitted would in fact change the very nature and character of the Writ Petition and introduce an entirely different Cause of action, which is not permissible. Hence, the I.A. to the writ petition was dismissed.
 
The above decision indicates that it is not easy to take additional grounds for writ petition filed before the High Court, specially when final hearing of main writ petition has already been convened. Hence, the petitioners should be careful while drafting their grounds of writ petition so that unnecessary efforts of filing I.A. are avoided.
 
This is solely for educational purpose.
You can reach us at  www.capradeepjain.com   , at our facebook page on  https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/   as well as follow us on twitter at  https://www.twitter.com/@capradeepjain21   and u may also follow us on Linkedin  https://www.linkedin.com/in/ca-pradeep-jain-b6a31a16 
GST Update on whether amendment in writ petition permissible after the trial has commenced?
 
It is settled principle of law that the petitioner can take additional grounds only with the permission of the appellate authority wherein there is discretion as regards allowing admissibility of additional evidence/grounds only if there was sufficient cause for not taking those grounds earlier by the petitioner. Recently, the Hon’ble Sikkim High Court dismissed the “I.A.” (Interitum Application) filed by M/s SUN PHARMA LABORATORITES LIMITED VERSUS UNION OF INDIA & OTHERS on the grounds that the there is no justification for raising additional grounds after the main writ petition was finally heard. The decision rendered by the Hon’ble Sikkim High Court is the subject matter of consideration of our present update.
 
The petitioner, at the outset, filed main writ petition for granting them refund of entire CGST and 50% IGST paid through electronic cash ledger in view of Budgetary Support Scheme introduced vide notification no. 21/2017-CE dated 18.07.2017 which was in lieu of area based exemption granted in Central Excise Laws for North-Eastern States. However, since the issue regarding grant of benefit on the grounds of principle of promissory estoppel filed before Supreme Court was decided against the petitioner, they sought to make amendments in their writ petition by challenging the vires of proviso to section 174(2)(c) of the CGST Act, 2017 and notification no. 21/2017-CE dated 18.07.2017  as unconstitutional being contrary to Article 14 of the Constitution of India.
 
The hon’ble High Court held that as per Order VI Rule 17 of the CPC, the Court has powers to allow either party to alter or amend their pleadings at any stage of proceedings on such terms as may be just. It requires that all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties provided that no application for amendment shall be allowed after the trial has commenced unless the Court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of trial. However, in the present case, the writ petition was finally heard on 03.09.2019 and judgment reserved.
 
By the proposed amendments the Petitioner seeks to challenge the vires of Section 174(2)(c) of the Central Goods and Services Tax Act, 2017 and Notification No.21/2017-C.E., dated 18-07-2017, on the ground that it takes away the vested rights of the Petitioner by reducing the exemption/benefits to the Petitioner. The prayers in the Writ Petition are confined to enabling the Petitioner to claim full refund of the CGST and 50% of the IGST paid through the electronic cash ledger. It cannot be said that the Petitioner was unaware of the provision of the statute the vires of which they now seek to assail, nor was it inserted at some point later in time to the filing of the Writ Petition. The question of the Petitioner’s inability to raise the matter in spite of due diligence, before the matter was heard or was taken up for hearing, therefore, does not arise. In view of the questions involved in the instant Writ Petition it cannot be said that the amendments are necessary for determining the real question in controversy between the parties considering the prayers of the Petitioner referred above. The proposed amendments if permitted would in fact change the very nature and character of the Writ Petition and introduce an entirely different Cause of action, which is not permissible. Hence, the I.A. to the writ petition was dismissed.
 
The above decision indicates that it is not easy to take additional grounds for writ petition filed before the High Court, specially when final hearing of main writ petition has already been convened. Hence, the petitioners should be careful while drafting their grounds of writ petition so that unnecessary efforts of filing I.A. are avoided.
 
This is solely for educational purpose.
You can reach us at  www.capradeepjain.com   , at our facebook page on  https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/   as well as follow us on twitter at  https://www.twitter.com/@capradeepjain21   and u may also follow us on Linkedin  https://www.linkedin.com/in/ca-pradeep-jain-b6a31a16
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com