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Case Law Details

Case Name : AL Amanath Haj Services India Pvt. Ltd. Vs Union of India (Delhi High Court)
Appeal Number : W.P.(C) 7310/2023 & CM APPL. 28442/2023
Date of Judgement/Order : 25/05/2023
Related Assessment Year :
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AL Amanath Haj Services India Pvt. Ltd. Vs Union of India (Delhi High Court)

Delhi High Court held that disqualification of Haj Group Organization merely on the basis of uncertainty in respect of the amount of GST to be paid is unjust.

Facts- The Haj Policy 2023 was announced by the Ministry of Minority Affairs (Haj Division) on 14th March, 2023. As per the said Policy, HGOs were categorized into Category 1 and Category 2 depending upon their experience and turnover.

Applications were called by the Ministry in terms of the Policy and a list of eligible and ineligible HGOs were declared on 5th May, 2023. Thereafter, several writ petitions were filed before this Court by HGOs which were rendered ineligible or whose names were not found in the declared list on the ground that the reasons for declaring the Petitioners ineligible were not communicated by the Ministry.

Considering the submissions made by the said HGOs, directions were issued by the Court vide order dated 9th May, 2023. In terms of the said order, the reasons for ineligibility are stated to have been communicated by the Ministry to various ineligible HGOs who were given time till 12th May, 2023 to remove the deficiencies. However, even thereafter a large number of HGOs have been declared ineligible, which has led to the filing of the present writ petitions.

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