GST: SC stays Gujarat HC decision which held Section 140(3)(iv) ultra-vires

Union of India Vs Filco Trade Centre Pvt Ltd (Supreme Court) The instant petition was filed challenging the Constitutional vires of Section 140(3)(iv) of CGST Act, 2017 – The Gujarat High Court held that no just, reasonable or plausible reason is shown for making such retrospective provision taking away the vested rights – clause (iv) is unconstitutional – Bombay High Court decision in JCB India Ltd. – 2018-TIOL-23-HC-MUM-GST disagreed – at the request of counsel for the Revenue this judgement stayed up to 31.10.2018. The Hon’ble Supreme Court held that- The Re...