Important Judicial Pronouncements in GST CA

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Important Judicial Pronouncements in GST CA V.Raghuraman, Advocate Challenge to levy provisions rules notification Levy of GST Compensation cess UOI vs. Mohit Mineral Pvt. Ltd. 2018-TIOL-05-SC-GST Validity of GST (Compensation to

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Important Judicial Pronouncements in GST CA V.Raghuraman,
Advocate<br>
02
Challenge to levy/ provisions/ rules/ notification …<br>
03
Levy of GST Compensation cess UOI vs. Mohit Mineral Pvt. Ltd. 2018-TIOL-05-SC-GST Validity of GST (Compensation to States) Act, 2017 and GST Compensation Cess Rules, 2017 was challenged.
The Court held that Constitution provision empowers the Parliament to provide for Compensation to the States for loss of revenue by law, the expression ‘law’ is of very wide import which includes levy of any cess. Parliament has legislative competence to enact the Compensation to States Act, 2017.
It was observed that ‘compensation cess’ is ‘with respect to’ goods and services tax and it is a tax.
Held that impugned act does not violate Constitution (One hundred and First Amendment) Act, 2016 nor is against objective of the said Act.<br>