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2018 (12) TMI 1697 - HC - GSTValidity of circular dated 17.08.2017 (Annexure-7) - direction to the persons who are dealing with HSD has been directed to pay GST - HELD THAT - The circular dated 17th August 2017 which is partially quashed by Punjab and Haryana High Court and has been approved by the Hon ble Supreme Court. Other High Courts also have taken a similar view - In that view of the matter it will not be appropriate to now enforce the circular dated 17.8.2017 and the circular of 1 st November 2018 will prevail. Petition disposed off.
Issues:
Challenge to circular dated 17.08.2017 issued by State Government regarding GST payment for dealing with HSD. Interpretation of Section 8 of CST Act, Rule 12 of CST (R&T) Rules, and Form C. Validity of registration certificate under CST Act. Compliance with High Court and Supreme Court judgments regarding issuance of Form C. Consideration of activities covered under Section 18 of CGST Act. Analysis: The petitioner challenged a circular issued by the State Government regarding GST payment for dealing with High-Speed Diesel (HSD). The petitioner relied on a decision of Punjab and Haryana High Court, emphasizing the interpretation of Section 8 of the CST Act, Rule 12 of CST (R&T) Rules, and Form C. The High Court held that the purchase of goods for resale, manufacturing, or other specified activities qualifies for registration under Section 7(2) of the CST Act, irrespective of the sales tax liability. The court also noted that the registration certificate under the CST Act had not been cancelled as required by Section 7(4). The High Court allowed the writ petition, directing the issuance of Form C for natural gas purchased and used for electricity generation. The judgment of Punjab and Haryana High Court was upheld by the Supreme Court in a subsequent Special Leave Petition (SLP). The Central Government issued a clarification based on the court's decision, emphasizing the issuance of Form C for natural gas transactions. The petitioner argued that the issue was settled law post the Supreme Court's dismissal of the SLP. The petitioner highlighted the need to consider activities covered under Section 18 of the CGST Act in light of the circular issued by the State Government. The petitioner referenced judgments from various High Courts, including cases related to the issuance of Form C for different activities post-GST implementation. The High Courts directed the issuance of Form C for activities like manufacturing, mining, and electricity generation. The court observed that the circular dated 17.08.2017, partially quashed by Punjab and Haryana High Court and upheld by the Supreme Court, should not be enforced. Instead, the circular of 1st November 2018, along with the referenced judgments, should prevail. The State Government was directed to act in accordance with the decisions from various High Courts. In conclusion, the writ petition was disposed of with the direction for the State Government to follow the judgments and circular of 1st November 2018. The court emphasized compliance with the rulings regarding the issuance of Form C for specified activities post-GST implementation.
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