No Jurisdiction to issue Service Tax demand notice Post GST Rollout? HC Stays Demand

M/s Mascot Entrade Pvt. Ltd. Vs Union of India (Guwahati High Court)

This writ petition has been filed challenging the show cause notice dated 23.10.2017 issued by the respondent No.3 on the ground that offer the enactment of the Central Goods and Services Tax Act, 2017 as well as the omission of Entry 92C from List-I of the Seventh Schedule of the Constitution, the said respondent does not have any jurisdiction to enter into an inquiry in respect of the subject matter of the notice and as such the impugned notice was wholly without jurisdiction. Under the circumstances, the petitioner’s counsel has prayed for an order suspending further proceeding pursuant to the show cause notice dated 23.10.2017.

Mr. B. Sarma, teamed Central Govt. Counsel, appearing for the respondents, submits that he be granted some time to obtain instruction in the matter.

Issue notice of motion returnable on 05.02.2018.

Since Mr. B. Sarnia, learned Central Govt. Counsel, has already entered appearance and accepted notice on behalf of all f he respondents, no formal notice is required to be sent in this case. However, extra copies of the writ petition be furnished to the learned Central Govt. Counsel so as to enable him to obtain instruction in the molter.

Also heard on the prayer of interim relief.

Having regard to the pleadings in the writ petition, this Court is of the prima fade opinion that the impugned notice doted 23.10.2017 is without jurisdiction. In view of the above, further proceeding under the impugned notice is hereby stayed until the returnable dote.