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        Case ID :

        2019 (3) TMI 487 - HC - GST

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        Court dismisses challenge to validity of orders under Constitution Amendment Act citing prior judgment. The court dismissed the petition challenging the validity of orders passed under Section 19 of the Constitution (One Hundred and First Amendment) Act, ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Court dismisses challenge to validity of orders under Constitution Amendment Act citing prior judgment.

                            The court dismissed the petition challenging the validity of orders passed under Section 19 of the Constitution (One Hundred and First Amendment) Act, 2016, citing a previous judgment. The petitioner's arguments regarding the consistency of clauses (d) and (e) of Section 174 of the Kerala Goods and Service Tax Act, 2017 with the Constitution were not separately analyzed as the petition was rejected based on the earlier ruling. The issue of powers under erstwhile Entry 54 and the supremacy of Section 19 over conflicting provisions were not addressed due to the dismissal of the main petition. Additional orders or directions requested by the petitioner were not considered following the dismissal.




                            Issues:
                            1. Validity of orders passed under Section 19 of the Constitution (One Hundred and First Amendment) Act, 2016.
                            2. Consistency of clauses (d) and (e) of Section 174 of the Kerala Goods and Service Tax Act, 2017 with the Constitution.
                            3. Existence of powers under erstwhile Entry 54 post 15.9.2017.
                            4. Supremacy of Section 19 of the Constitution (One Hundred and First Amendment) Act, 2016 over other provisions.
                            5. Any other orders or directions deemed fit by the Hon'ble Court.

                            Analysis:
                            1. The petitioner sought relief to quash orders passed under Section 19 of the Constitution (One Hundred and First Amendment) Act, 2016, alleging they were beyond the stipulated period. The court dismissed the petition in light of the judgment in M/s. Sheen Golden Jewels (India) Pvt. Ltd. v The State Tax Officer, where a similar petition was rejected.

                            2. The petitioner challenged the consistency of clauses (d) and (e) of Section 174 of the Kerala Goods and Service Tax Act, 2017 with the Constitution. The petitioner argued that these clauses were inconsistent with Section 19 of the Constitution (One Hundred and First Amendment) Act, 2016. However, the court did not provide a separate analysis on this issue, as the petition was dismissed based on the previous judgment.

                            3. The petitioner contended that powers under the erstwhile Entry 54 ceased to exist post 15.9.2017, making the provisions of the Kerala Value Added Tax Act, 2003 unenforceable. The court did not delve into this issue separately due to the dismissal of the petition.

                            4. Regarding the supremacy of Section 19 of the Constitution (One Hundred and First Amendment) Act, 2016, the petitioner argued that any provisions in Section 174 contradictory to Section 19 were unconstitutional. However, the court did not provide a detailed analysis on this point, given the dismissal of the petition based on the previous judgment.

                            5. The petitioner also requested the court to pass any other orders or directions deemed fit. However, since the main petition was dismissed, this aspect was not specifically addressed in the judgment.
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                            ActsIncome Tax
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