Case Law Details

Case Name : Indian Wind Turbine Manufacturers Association Vs Union of India (Delhi High Court)
Appeal Number : W.P.(C) 6289/2019
Date of Judgement/Order : 29/05/2019
Related Assessment Year :
Courts : All High Courts (6136) Delhi High Court (1622)

Indian Wind Turbine Manufacturers Association Vs Union of India (Delhi High Court)

Facts- The Court’s attention is drawn to an order dated 3rd May, 2019 passed in WP(C) No. 4714/2019 which is a petition by the Solar Power Developers Association.  The present petition is by the Indian Wind Turbine Manufacturers Association.

Decision of the High Court- The Court is of the view that the present petition also be placed for consideration before the GST Council. If there has already been a pre-consultation with the Petitioner then the petition be placed before the GST Council on the same date when it is considering the case of the Solar Power Developers Association. If not, then preparatory to the above step the Petitioners will be called before the Central Board of Indirect Taxes & Customs through their authorized representatives for a consultative meeting within the next four weeks. If necessary, the concerned Ministry which is Ministry of Renewable Energy, Government of India will also be invited to such consultative meeting and the deliberations of that meeting also be placed before the GST Council for its consideration. The Petitioner be informed of the date, time and venue of the meeting at least one week in advance.

FULL TEXT OF THE HIGH COURT JUDGEMENT / ORDER IS AS FOLLOWS:

CM APPL. 26886/2019

1.  The application is allowed subject to just exceptions.

W.P. 6289/2019 & CM APPL. 26885/2019

2. Notice. Mr. Amit Anand, Advocate accepts notice for Respondent No.1. Mr. Amit Bansal, Advocate accepts notice for Respondent No.3.

3. The Court‟s attention is drawn to an order dated 3rd May, 2019 passed in WP(C) No.4714/2019 which is a petition by the Solar Power Developers Association. The present petition is by the Indian Wind Turbine Manufacturers Association.

4. The Court is of the view that the present petition also be placed for consideration before the GST Council. If there has already been a pre-consultation with the Petitioner then the petition be placed before the GST Council on the same date when it is considering the case of the Solar Power Developers Association. If not, then preparatory to the above step the Petitioners will be called before the Central Board of Indirect Taxes & Customs through their authorized representatives for a consultative meeting within the next four weeks. taxguru.in If necessary, the concerned Ministry which is Ministry of Renewable Energy, Government of India will also be invited to such consultative meeting and the deliberations of that meeting also be placed before the GST Council for its consideration. The Petitioner be informed of the date, time and venue of the meeting at least one week in advance.

5. List the petitions before the Registrar on 10th July 2019 for completion of pleadings.

6. List before the Court on 6th August 2019.

Copy of order be issued dasti under the signatures of Court Master.

Download Judgment/Order

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