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COURTROOM PROCEEDINGS UPDATE FOR MEMBERS OF CAAS

CAAS & Others vs State of Gujarat & Comm of State Tax & GSTN

Applicant : (1) chartered accountants Association, Surat

(2) Hardik jivraj bhai kakadiya

Respondent:

(1) State of Gujarat

(2) Chief Commissioner of State Tax

(3)  Goods and Services Tax Network

Today on 1st December 2021, after hearing multiple arguments of multiple arguments of learned counsel  for the applicant Adv (Dr.) CA Avinash Poddar. Division bench of Honble Gujarat High Court had taken serious note of the genuine difficulties being faced by common man for obtaining GST registration from SGST. At the same time the Court during oral arguments observed that petitioners do not interfere with the statute, procedures and give a go-by to the mandatory requirements, but let the procedural hazards be not there and do not add something which the law do. not ask for. The court has directed the respondents to take suitable instructions. Court also instructed petitioners to join CBIC al. as party if they wish and has kept the matter for further hearing on 08-12.2021.

HC takes serious note of genuine difficulties faced by common man for obtaining GST registration

Hon’ble Court is clear that the authorities must consider the representations made by petitioners being in genuine difficulties.

On 8th December the Honble Court have kept the matter in first 10 matters for further hearing. Probably same day order may be passed.

The indulgence of the Court is indeed a great favour  by the judiciary to the valid writ petition filed by CAAS and argued by our own Dr. Shri Avinashbhai Poddar, in the in.r.t of the members, Fraternity, the Indus, and Stakeholders at large.

Let’s hope to get some appropriate relief in the form of directions form the Hon’ble Court to the respondent authorities.

Thanks

Team CAAS

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