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Whether amendment to s.50 of CGST Act, 2017 is retrospective – interim stay granted: HC

2019-TIOL-1803-HC-TELANGANA-GST

IN THE HIGH COURT OF TELANGANA

AT HYDERABAD

IA No.1 OF 2019 IN
WP No.16885 of 2019

RAGHAVA CONSTRUCTIONS
RAGHAVA PRIDE, H.NO.8-2-603/A 127 & 28
KRISHNAPURAM STREET, ROAD NO-10
BANJARA HILLS, HYDERABAD-500034
REPRESENTED BY ITS PARTNER SRI P PRASAD REDDY

Vs

1) THE UNION OF INDIA

2) DEPUTY COMMISSIONER, CENTRAL TAX
KHAMMAM GST DIVISION

3) THE SUPERINTENDENT OF CENTRAL TAX, KALLUR GST RANGE

4) COMMISSIONER OF CENTRAL TAX
RANGA REDDY GST COMMISSIONERATE POSNETT
BHAVAN, TILAK ROAD, RAMKOTE, HYDERABAD-500001

5) THE CHAIRMAN, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
NORTH BLOCK, NEW DELHI

6) THE BRANCH MANAGER
ANDHRA BANK, 3-6-257, OPP: TELUGU ACADEMY
HIMAYATNAGAR, HYDERABAD-500029

Sanjay Kumar & P Keshava Rao, JJ

Dated: August 7, 2019

Appellant Rep by: Sri K Vijay Kumar
Respondent Rep by: 
Sri B Narasimha Sarma

GST – Petitioner praying for stay of the proceedings of letter C.No. V/04/06/2019-Arrears dated 31.07.2019 issued by second respondent pending disposal of WP filed before the High Court.

Held: As to whether the amendment to Section 50 of the Central GST Act, 2017 would be retrospective and whether a notice was liable to be issued to the petitioner before attachment of his account requires examination – Interim stay of the proceedings ordered: High Court

Interim stay ordered

JUDGEMENT

As to whether the amendment to Section 50 of the Central GST Act, 2017 would be retrospective and whether a notice was liable to be issued to the petitioner before attachment of his account requires examination.

There shall accordingly be interim stay of the proceedings as prayed for.

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