Abeyance of GST notices pending Supreme Court decision, subject to petitioner furnishing a security deposit as directed by court.

Proceedings on the GST notices in FORM GST DRC-01A for the 2020-2021 and 2021-2022 tax periods are directed to be held in abeyance pending the Supreme Court's decision on levy of GST on seigniorage fee/royalty; the operative effect is that no further action shall be taken on the impugned notices until that decision. As a condition for the abeyance, the petitioner is required to deposit 10% of the disputed tax as security. The writ petitions are disposed of on an interim basis in favour of the petitioner accordingly.

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Issues: Whether the impugned GST notices in FORM GST DRC-01A for tax periods 2020-2021 and 2021-2022 should be kept in abeyance pending decision of the Hon'ble Supreme Court on levy of GST on seigniorage fee/royalty, and on what terms such abeyance should be granted.

Analysis: The petitions challenge notices issued in FORM GST DRC-01A for the stated tax periods and seek restraint of further proceedings in view of an identical question of law pending before the Hon'ble Supreme Court concerning levy of GST on seigniorage fee/royalty. Having regard to the pendency of the same issue before the Supreme Court, the proceedings on the impugned notices are directed to be held in abeyance until the Supreme Court decides the matter. As a condition for granting the abeyance, the petitioner is directed to deposit 10% of the disputed tax as security, consistent with directions previously issued in the petitioner's own case.

Conclusion: The impugned proceedings are to be kept in abeyance pending the orders of the Hon'ble Supreme Court, subject to the petitioner depositing 10% of the disputed tax as security. The writ petitions are disposed of accordingly, in favour of the petitioner on an interim basis.

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