Case Law Details
MRS Realty Private Ltd. and Anr. Vs Union of India and Ors. (Calcutta High Court)
Calcutta High Court issued a notices to the Centre as well as State Government in a writ petition where vires of Rule 86A was also challenged and it was also prayed to read down section 16(2)(c) of The CGST Act. As per this Section input tax credit is disallowed when the tax relating to a transaction is not paid to the government.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
Heard learned Counsel for the petitioners as well as learned Counsel for the respective respondents.
The petitioners have raised several legal issues in this writ petition, inter alia, making prayer for quashing the proceeding initiated by the respondent Nos. 2, 5 and 6 and challenging the Constitutional validity of Rule 86A CGST Rules/WBGST and for reading down Section 16(2)(c) of the CGST Act/WBGST Act.
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