High Court Allahabad HC stays setting-up of GST tribunal in UP

Allahabad HC stays setting-up of GST tribunal in UP


Lucknow, Mar 5 (ILNS) The Lucknow Bench of the Allahabad High Court has stayed the establishment of the Goods and Services Tax (GST) Appellate Tribunal in Uttar Pradesh.

The Division Bench of Chief Justice Govind Mathur and Justice Ritu Raj Awasthi passed this order, while hearing a PIL filed by the Awadh Bar Association High Court, Lucknow through its General Secretary.

The Court directed the GST Council and the Union of India not to establish the GST Appellate Tribunal for the state without the leave of the Court.

The Additional Solicitor General of India stated that both the Union of India and the GST Council have taken a decision to file a Special Leave Petition to assail the correctness of the judgement dated February 9, 2021 passed by a coordinate Bench of this Court at Allahabad.

The petition is filed on behalf of the Awadh Bar Association High Court, Lucknow and Sharad Pathak, Secretary of the Awadh Bar Association High Court, Lucknow.

The grievance of the petitioners is with regard to the decision of the Goods and Services Tax Council on its 39th meeting, held on March 14, 2020.

Several contentions have been raised by the Counsel for the petitioners, while questioning the correctness of the decision aforesaid.

“Having considered the same, we deem it appropriate to admit this petition for writ and to hear the same finally at the earliest, the Court said.

“Having considered the arguments advanced and also the instructions communicated to us, we deem it appropriate to direct for not establishing the Goods and Services Tax Appellate Tribunal for the State of Uttar Pradesh without leave of this Court,”  the order read.

The matter will be heard next on March 15.



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