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THE NEYVELI NLC CONTRACTORS WELFARE ASSOCIATION vs. THE CHIEF COMMISSIONER OF GST AND CENTRAL EXCISE AND OTHERS
(Madras High Court)

Hon'ble Judges:

ANITA SUMANTH
Pet. Counsel
D.baskar
Res. Counsel
S.gurumoorthy
N.nithiyanandan

Petitioner / Applicant

THE NEYVELI NLC CONTRACTORS WELFARE ASSOCIATION

Respondent THE CHIEF COMMISSIONER OF GST AND CENTRAL EXCISE AND OTHERS
Court Madras High Court
State

Tamilnadu

Date Mar 4, 2021
Order No.

W.P. No.5188 of 2021 And WMP. Nos.5767, 5771, 5773 & 5775 of 2021

Citation

2021(3) TAXREPLY 3944

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ORDER

Mr.S.Gurumoorthy, learned Senior Panel Counsel accepts notice for R1 and R2 and Mr.N.Nithiyanandan, learned counsel accepts notice for R3 to R5, and both learned counsel are armed with instructions to proceed in the matter. By consent expressed by both parties, this Writ Petition is disposed finally even at the stage of admission. 2. What is challenged is a communication dated 06.02.2021, whereunder the Neyveli Lignite Corporation (NLC) calls upon its Units/Officers to recover the amounts of tax collected by its vendors (members of the petitioner association), but not deposited. 3. In terms of the contract between the members of the petitioner association, who are vendors of NLC and NLC, the consideration paid by the petitioners is inclusive of GST and liability in this regard is to be discharged by members of the petitioner association. Also, admittedly, the GST deducted has not been remitted in many cases, either fully or partly. 4. As a consequence, NLC appears to hav....

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