Madras High Court restrained the Central Government from appointing technical members to the Goods and Services Tax Appellate Tribunals (GSTAT) until further orders vide its order dated 17.08.2020.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
Heard Mr.Rahul Unnikrishnan, learned counsel for the appellant and Mr.K.Srinivasamurthy, learned counsel appearing for the respondent Union of India.
2. It is stated by learned counsel for the respondent Union of India that the matter is still under active consideration and the GST Council has not been able to meet in order to finalise the qualifications, tenure and selection procedure, as well as other conditions relating to the constitution of the Tribunal. He submits that the matter has to be re-visited in terms of the judgment in the case of Roger Mathew vs. South Indian Bank Limited and others, 2019 SCC OnLine SC 1456.
3. Learned counsel for the appellant, however, submits that as a matter of fact, the notification which is impugned in the present writ petition cannot stand the scrutiny of law, particularly the ratio of the Apex Court judgment in the case of Union of India v. R. Gandhi (2010) 11 SCC 1.
4. This Division Bench had noted the request made on behalf of the learned counsel for the Union of India on 08.01.2020 and we had also adjourned the matter twice to enable the learned counsel for the Union of India to inform the Court about any developments in the matter.
5. Today, again the learned counsel for the respondent Union of India submits that the meeting of the GST Council has not yet been convened and therefore, the matter may be adjourned and he prays that it may be listed after two months, so that during this period any action taken may be reported to the Court.
6. We find from the record that when this petition was entertained in October, 2019, an interim order had been passed on 03.10.2019.
7. Since the matter continues to be adjourned on account of the respondent, let the matter be listed as prayed for by the learned counsel for the Union of India after two months and in the light of the above, we continue the interim order dated 03.10.2019 until further orders.