2023 (6) TMI 835 - CALCUTTA HIGH COURT

Computation of profiteering - Constitutional Validity of anti-profiteering provisions contained in Section 171 of the G.S.T. Act and Rules - HELD THAT:- As rightly held by the learned Writ Court, if the prayer for stay of the impugned provisions is granted, it would tantamount to granting the main relief in the writ petition apart from the settled legal position that a statutory provision is deemed to be valid in law unless it is being struck down. However, the appellants restrict the prayer with regard to amount of profiteering as computed by the first respondent in the order dated 30th September, 2022 and have raised various issues, which are all on the merits of the matter, which can be decided only after affidavit in opposition is filed by the respondents in the writ petition.

However, considering the fact that as against the order impugned in the writ petition, the appellants did not have any other alternate remedy and the appellants have also questioned the vires of the statutory provision, there will be an order of interim stay of the order passed by the first respondent dated 30th September, 2022 subject to the condition that the appellants deposit with the Registrar General of this Court a sum of Rs. 6 crores. On such deposit being made, Registrar General is directed to deposit the said amount in an interest bearing account and the same shall continue in deposit till the writ is disposed of and shall abide by the orders that may be passed in the writ petition.

Appeal disposed off.