IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, C.KUMARAPPAN, JJ
M/s.Greenstar Fertilizers Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. introduction of writ petitions and their significance. (Para 1) |
| 2. citing supreme court judgment supporting petitioner’s claims. (Para 2) |
| 3. analysis of igst application on composite supply. (Para 3 , 4) |
COMMON ORDER
(Order of the Court was made by DR.ANITA SUMANTH, J.)
The issue that arises for consideration in these Writ Petitions pertains to the validity of declaration under Entry 9 of the Notification No.8/2017-Integrated Tax (Rate) dated 28.06.2017 and Entry 10 of the Notification No.10/2017-Integrated Tax (Rate) dated 28.06.2017, which are challenged as being ultra vires of the Constitution as well as the provisions of the Integrated Goods and Service Tax Act , 2017.
2.Learned counsel for petitioner relies on the Judgment of the Hon'ble Supreme Court of India in Union of India Vs. Mohit Minerals Private Limited , dated 19.05.2022 [2022 (61) G.S.T.L. 257 SC].
3.The operative portion of the Judgment is as follows:
“142.In the present case, the question is whether the imposition of IGST on supply of services can be sustained when there is a concomitant imposition of IGST on supply of goods. However, we must first analyse the context in which the IGST is levied on
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