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Case Law Details

Case Name : Union of India Vs Shiyaad (Kerala High Court)
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Union of India Vs Shiyaad (Kerala High Court)

Respondents, members of the Plastic Recycling Industrial Association’ had sent a representation to the GST Council on 27.07.2017 by post alleging that levy of 18% GST on recycled plastic products had made adverse impact on that industry; that a prayer was made for completely withdrawing levy of tax on the said recycled plastic products; that similar representations were also sent on 31.07.2017 to the Central government and the State governments and also to the Secretary of the Health Department of the State; that a Writ Pet

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2 Comments

  1. vswami says:

    INSTANT

    On the first blush, that sounds to be a sensible view even on the grounds of other considerations. For, it is iwell n accordance wth the generally accepted principle that no ‘law maker’ (as is commonly believed), the GST Council being a part of the Govt., (not even a ‘regulatory authority’such as, RERA ot its special Tribunal) cannot be expected to have been vested with any authority to ádjudicate’.- in the jurisprudential jargon.

    On the flip side, howewver, the Council may be impleaded , apart from the UoI, as a necessary party, in case in which the decision taken in any matter- in pursuance whereof, the Govt., issues a notigication to give effect to the Council’s ‘Decision- e.g, that of a recent origin wrt the twin trates iin resect of GST on ‘relaty’- to challenge before any adjudicating authority.
    OPEN / Invite to EDIT !
    Any contra view , sustainable by any thinking ?

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