Stayed granted against Notification extending limitation for adjudication

Last updated: 30 January 2025

Court :
Uttarakhand High Court

Brief :
The Hon'ble Uttarakhand High Court in the case of Hindustan Construction Company Limited v. Union of India [WPMB No. 548 of 2024 dated December 11, 2024] listed the case on February 25, 2025 along with WPMB N. 523 of 2024 and held that the effect and operation of Notification No. 56/2023 dated December 28, 2023("the Notification") and other consequential orders stayed.

Citation :
WPMB No. 548 of 2024 dated December 11, 2024

The Hon'ble Uttarakhand High Court in the case of Hindustan Construction Company Limited v. Union of India [WPMB No. 548 of 2024 dated December 11, 2024] listed the case on February 25, 2025 along with WPMB N. 523 of 2024 and held that the effect and operation of Notification No. 56/2023 dated December 28, 2023("the Notification") and other consequential orders were stayed.

Our Comments:

The Gauhati High Court in the case of M/s Barkataki Print and Media Services v. Union of India & Ors. (WP(C)/3585/2024 dated September 09, 2024) ruled the Notification is ultra vires due to the absence of a GST Council recommendation and lack of force majeure grounds. This decision is a crucial precedent for taxpayers impacted by extended timelines under invalid notifications.

The Hon'ble Karnataka High Court stayed the operation of the adjudication order in the case of Siemens-Gamesa Renewable Power Pvt Ltd. v. Deputy Commissioner of Commercial Taxes & Ors. (Writ Petition No.31388/2024 dated December 10, 2024) directing recovery of erroneous refund and dues arising due to mismatch of returns pursuant to the order passed invoking the Notification issued under Section 168A of the Central Goods and Services Tax Act, 2017 ("the CGST Act") and corresponding State Government Notification No. 6/2023 dated April 6, 2023 that extended the time limit for issuance of Show Cause Notice and passing of Orders for FY 2019-20 to August 31, 2024. The Petitioner's challenge was based on two grounds:

i. Notification issued without prior recommendation of the GST Council as mandated by the statute and therefore time barred and without jurisdiction,

ii. Violation of principles of res-judicata and violative of Article-14 of the Constitution as no appeal has been filed against the refund order.

Further, stay orders have been passed on similar lines in other various High Courts.

OFFICIAL JUDGMENT COPY HAS BEEN ATTACHED