Bhandari Scrap Traders vs Union Of India on 24 July, 2026

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    Supreme Court – Daily Orders

    Bhandari Scrap Traders vs Union Of India on 24 July, 2026

                                                                            SLP(C) No. 23931/2026 etc.
    
         ITEM NO.26                               COURT NO.8                   SECTION III-B
    
                                      S U P R E M E C O U R T O F      I N D I A
                                              RECORD OF PROCEEDINGS
    
                              Petition for Special Leave to Appeal (C) No. 23931/2026
    
         [Arising out of impugned final judgment and order dated 01-05-2026
         in SCA No. 749/2025 passed by the High Court of Gujarat at
         Ahmedabad]
    
         BHANDARI SCRAP TRADERS                                             Petitioner(s)
    
                                                       VERSUS
    
         UNION OF INDIA & ORS.                                              Respondent(s)
    
         (FOR ADMISSION)
    
         WITH
    
         SLP(C) No. 24088/2026 (III-B)
         (FOR ADMISSION and IA No. 202573/2026 - EXEMPTION FROM FILING O.T.)
    
         SLP(C) No. 24103/2026 (III-B)
         (FOR ADMISSION)
    
         Date : 24-07-2026 These matters were called on for hearing today.
    
         CORAM :
                                HON'BLE MR. JUSTICE SANJAY KUMAR
                                HON'BLE MR. JUSTICE SANJEEV SACHDEVA
    
         For Petitioner(s) :
                                          Mr. Uchit Sheth, Adv.
                                          Ms. Uchit Sheth, Adv.
                                          Mr. Malak Manish Bhatt, AOR
                                          Ms. Sukanya Joshi, Adv.
                                          Ms. Somya Saxena, Adv.
                                          Ms. Chhavi Tokas, Adv.
         For Respondent(s) :
    
                                 UPON hearing the counsel, the Court made the following
                                                    O R D E R
    

    Though we are informed that a special leave petition has been
    Signature Not Verified

    entertained in relation to the decision of the Tripura High Court
    Digitally signed by
    Deepak Guglani
    Date: 2026.07.27
    19:48:35 IST
    Reason:

    SPONSORED

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    SLP(C) No. 23931/2026 etc.

    in Sahil Enterprises vs. Union of India & Ors.1, we find from the

    judgment passed by the High Court of Tripura that the exercise

    undertaken by the High Court of Gujarat in the judgment, presently

    under challenge, was not undertaken by it.

    The distinction and differences between the provisions of the

    Delhi Value Added Tax Act, 20042, and the Central Goods and

    Services Tax Act, 20173, brought out by way of a detailed analysis

    from paragraph 42 onwards in the impugned judgment along with the

    scheme of availing Input Tax Credit (ITC) under the GST regime, as

    set out in paragraph 56 of the impugned judgment, clearly

    demonstrate that there is no possibility of drawing parity between

    the provisions of the two enactments, so as to treat a purchasing

    dealer under the CGST Act on par with a purported bonafide

    purchasing dealer under the Delhi VAT Act in relation to ITC, when

    the supplier-dealer fails to pay the requisite tax.

    Further, the High Court of Gujarat has also referred to the

    provisions of Section 41 of the CGST Act and also Sections 73 and

    74 thereof in the context of the purchasing dealer under the CGST

    regime being entitled to re-avail the reversed ITC after the

    supplier-dealer is made to discharge the tax liability.

    In that view of the matter, the High Court was fully justified

    in holding that no grounds were made out to declare Section 16(2)

    (c) of the CGST Act as unconstitutional or read down the provisions

    1 [(2026) 154 GSTR 108 (Tri.)]
    2 “Delhi VAT Act”, for short
    3 “CGST Act”, for short

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    SLP(C) No. 23931/2026 etc.

    thereof. We find ourselves in complete and respectful agreement

    with the views expressed by the High Court of Gujarat and affirm

    and uphold the impugned judgment.

    The special leave petitions are, accordingly, dismissed.

    Pending application(s), if any, shall stand disposed of.

    (DEEPAK GUGLANI)                            (PREETI SAXENA)
    DEPUTY REGISTRAR                           COURT MASTER (NSH)
    
    
    
    
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