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        Case ID :

        2020 (10) TMI 1031 - HC - GST

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        Court instructs GST Council Secretary to activate State Consumer Welfare Funds promptly. Petitioner to deposit profiteered amount with Centre CWFs. The Court directed the Secretary, GST Council to ensure the operationalization of State Consumer Welfare Funds promptly. The petitioner was instructed to ...
                      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 instructs GST Council Secretary to activate State Consumer Welfare Funds promptly. Petitioner to deposit profiteered amount with Centre CWFs.

                            The Court directed the Secretary, GST Council to ensure the operationalization of State Consumer Welfare Funds promptly. The petitioner was instructed to deposit the alleged profiteered amount with the Centre Consumer Welfare Funds until the State CWFs become operational and their details are provided. The Court noted the absence of operational State CWFs and emphasized expediting their functionality by coordinating with the State Government and presenting the matter to the GST Council if necessary. The application was disposed of with these directions, and the order was to be uploaded on the website and forwarded to the counsel via email promptly.




                            Issues:
                            Seeking direction to make available State Consumer Welfare Funds details for pre-deposit of alleged profiteered amount.

                            Analysis:
                            The petitioner filed an application seeking direction to respondent nos. 2 and 3 to provide details of State Consumer Welfare Funds (CWFs) for pre-deposit of the alleged profiteered amount, as per a court order. The petitioner's counsel highlighted that the State CWFs' details were not publicly available or mentioned in official notifications. Despite multiple emails requesting the information, the petitioner received incomplete details and no response on the payee for the demand draft. The Court issued notice to respondents and directed the Secretary, GST Council to ensure operationalization of State CWFs promptly.

                            The Court noted the absence of operational State Consumer Welfare Funds despite the petitioner's willingness to pay. It directed the Secretary, GST Council to coordinate with the State Government and present the matter to the GST Council if necessary to expedite the functionality of State CWFs. Until the State CWFs become operational and their details are provided to the petitioner, the petitioner was directed to deposit the entire amount with the Centre Consumer Welfare Funds. The application was disposed of with these directions, and the order was to be uploaded on the website and forwarded to the counsel via email promptly.
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                            ActsIncome Tax
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