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17(5)(d) of GST

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This query is : Resolved

T.N.Reddy

T.N.Reddy (Querist)

15 January 2025 sir, through the Writ Petition from Hight Court, if I get the direction to the proper officer to act according to the recent Judgement of Supreme Court on Section 17(5) (d) (ie. Safari Retreats case) based on which if my order gets revised from the proper officer.
Suppose tomorrow, if the Govt. brings in retrospective amendment on this issue ie on section 17(5) (d), or since the revenue made review petetion to SC, if the revenew suceeds in their petition, then, whether my order is subjected to be revised under review option or the departmental appeal, as applicable.

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)

16 January 2025 Retrospective amendment is already recommended in the recently concluded GST Council meeting and also the revenue has gone in for review petition so even if order is passed by the officer it needs to be revisited again once the retro amendment comes into effect.

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