2018 Taxo.online 573

CWP No.3061 of 2018 dated 31.12.2018

M/S MAGS GARMENTS PVT LTD

UNION OF INDIA AND OTHERS

2018

GST

Central Goods & Services Tax Act, 2017

Section 107

Surya Kant, Justice and Ajay Mohan, Justice

Matter remanded back

High Court

Himachal Pradesh

Represented by: –

Petitioner: – Mr. Amar Pratap Goverdhan Lal and Rohit Gupta

Respondent: – Mr. Rajesh K. Sharma

Order: –

Having gone through the contents of the Scheme of Budgetary Support under Goods and Service Tax regime especially in the light of Tax which accrues to the Central Government under Central Goods and Service Act, 2017 and Integrated Goods and Services Act, 2017, it appears to us that the impugned order, dated 13th November, 2018, passed by the Assistant Commissioner, Goods and Service Tax, Division, Baddi is appealable before the Appellate Authority under Section 107 of the Central Goods and Service Tax Act, 2017.

Consequently, the writ petition is disposed of at this stage, relegating the petitioner to avail the alternative efficacious remedy. In case the appeal is not entertained on merits, the petitioner shall be at liberty to have recourse to the appropriate remedy, in accordance with law. Pending applications, if any, also stand disposed of.