Friday, 29 September 2017

SC stays HC's interim-order allowing Clean Energy Cess credit utilization against Compensation Cess

SC issues notice in Revenue’s SLP, stays operation of Delhi HC’s interim order which had allowed petitioner to utilize credit of ‘Clean Energy Cess’ paid on stock of coal towards payment of Compensation Cess leviable in terms of GST Compensation Rules r/w Notification No. 1/2017-Compensation Cess (Rate); Finding prima facie merit in challenge to legislative competence of Parliament to enact Compensation Act, HC had observed that power of Parliament to enact said Act cannot be traced to Section 18 of Constitution (One Hundred and First Amendment) Act, 2016; Accordingly, HC had barred additional payment on sale and clearance of stocks of coal which have already suffered Clean Energy Cess, while listing matter for hearing on October 26 : SC

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