Disposed

U.P. Real Estate Regulatory Authority Thru. Secy. Rajya Niyojan Sansthan Lko. v. Union of India , Ministry of Finance Deptt. of Revenue Thru. Secy. (Revenue) New Delhi and Others

Allahabad HC12 Jun 2024WTAX/159/2024

Case brief

AI extract

What is this about?

Petitioner sought status quo and connection of proceedings with a similar writ petition (Writ-C No.775 of 2022) regarding GST demand, with no final decision directed.

What did the court decide?

Petition listed and connected with Writ-C No.775 of 2022; no final decision on maintainability or merits.

What the court decided

U.P. Real Estate Regulatory Authority Thru. Secy… — GST and Indirect Tax | Allahabad HC (2024)

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Court No. - 9

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Case :- WRIT TAX No. - 159 of 2024

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Petitioner :- U.P. Real Estate Regulatory Authority Thru. Secy. Rajya Niyojan Sansthan Lko. Respondent :- Union Of India , Ministry Of Finance Deptt. Of Revenue Thru. Secy. (Revenue) New Delhi And Others Counsel for Petitioner :- Dwijendra Mishra Counsel for Respondent :- A.S.G.I.,Dipak Seth

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioner and Sri Anand Dwivedi, learned counsel for the respondent no.1/Union of India and Sri Manish Misra for the respondent nos. 2 & 3.

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Present writ petition is filed challenging the demand-cum-show cause notice dated 13.05.2024 issued by the Additional Director, DGGI, Lucknow with regard to demand of GST from the petitioner-U.P. Real Estate Regulatory Authority.

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Learned counsel for the petitioner states that with regard to another similarly situated authority; namely U.P. Electricity Regulatory Commission similar demand was made which was challenged before this Court by Writ - C No.775 of 2022 and the following order was passed:-

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"Notice on behalf of respondent no.1 and 2 has been accepted by Shri Dipak Seth, Advocate, who prays for and is granted three weeks' time to file counter affidavit. A week's time thereafter shall be available to learned counsel for the petitioner to file rejoinder affidavit.

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List this case on 12th April, 2022.

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In the meantime, it is provided that the petitioner shall file his reply and participate in the proceedings pursuant to the impugned Show Cause Notice dated 30.09.2021, which is contained as Annexure No.14 to the writ petition, however, no final decision in the matter shall be taken by the respondents till the next date of listing."

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Connect and list this petition along with Writ-C No.775 of 2022.

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Let counter affidavit be filed by the respondents within a period of four weeks raising the objections including the objection

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with regard to maintainability of the present writ petition. Rejoinder Affidavit, if any, may also be filed within one week thereafter.

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Meanwhile, it is provided that the petitioner shall also submit his reply and participate in the proceedings in furtherance of the impugned demand-cum-show cause notice dated 13.05.2024, however no final decision in the matter shall be taken by the respondents till the next date of listing.

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(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)

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Order Date :- 12.6.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

U.P. Real Estate Regulatory Authority Thru. Secy. Rajya Niyojan Sansthan Lko. v. Union of India , Ministry of Finance Deptt. of Revenue Thru. Secy. (Revenue) New Delhi and Others

Case brief

What is this about?

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What the court decided

U.P. Real Estate Regulatory Authority Thru. Secy. Rajya Niyojan Sansthan Lko. v. Union of India , Ministry of Finance Deptt. of Revenue Thru. Secy. (Revenue) New Delhi and Others

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