2025 (10) TMI 1171

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tya Deolekar, AGP,. ORAL JUDGMENT:- (PER M S SONAK, J) 1. Heard learned Counsel for the parties. 2. Learned Counsel for the parties state that the issues involved in both these Petitions are similar. 3. In both these Petitions, the challenge is to the assessment orders dated 31 January 2025 (incorrectly typed as 1 January 2025 in the prayer clause) and 27 January 2025. 4. As against the impugned assessment orders, the Petitioners have the remedy of an Appeal to the Appellate Authority under Section 107 of the Central Goods and Services Tax. 5. In paragraph 42 of both the Petitions, the Petitioners have made a bald statement that they have no efficacious or alternative remedy available to them save and except by way of f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....entions now fall for our determination. 9. Whilst there may be no serious dispute regarding the proposition that in Joint Development Agreements, there is no question of any supply that would be exigible to GST, the matter will have to be investigated in the context of the actual agreements between the parties. Such an examination would involve an investigation into factual aspects and the terms of the agreements between the developer and the owner. The mere nomenclature or title of the agreement is never conclusive. This exercise can be best undertaken by the Appellate Authorities under the Act. 10. In this case, no violation of natural justice is alleged. These Petitions do not contain any averments explaining why the Petitioners sh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing the parties to the remedies provided under the Code. The Court explained that while there is no exclusion of the power of judicial review of the High Courts, the limits and restraints that the Constitutional Court exercises must be exercised are well articulated in Whirlpool Corporation Vs Registrar of Trade Marks 1998 8 SCC 1 and Harbanslal Sahniya Vs Indian Oil Corporation Ltd 2003 2 SCC 107. 14. The Hon'ble Supreme Court held that the factual determination of whether the debt exists is part of the statutory and regulatory regime of the IBC Code. The Court explained that the entire purpose behind appointing a Resolution Professional under Section 97 is to assist in this determination by the Adjudicating Authority. Therefore, the Hi....