Case Law Details
OSL Securities Limited Vs Union of India & others (Orissa High Court)
Introduction: In a significant legal development, the Orissa High Court granted an interim stay in the case of OSL Securities Ltd. v. Union of India [W.P. (C) No. 2695 OF 2024 dated February 06, 2024], where the constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 (CGST Act) was challenged. This article delves into the facts, legal provisions, and implications of this judicial intervention.
Facts:
OSL Securities Ltd. (“the Petitioner”), filed a writ petition against order dated December 27, 2023, (“the Impugned Order”) passed by the Revenue Department (“the Respondent”) under Section 73 of the CGST Act, thereby, challenging the vires (validity) of the clause (c) of sub-section (2) of Section 16 of the CGST Act The Impugned Order was issued by the Respondent on the ground that the supplier had not shown the transaction with the Petitioner in Form GSTR-3B and tax has been paid by the Petitioner on the supply received.
Held:
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