HC imposed cost on GST Department for non-appearance and non-filing of counter-affidavit

Last updated: 31 July 2021

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The Delhi High Court has ordered the GST Department to pay a cost of £20,000 for not appearing in court and failing to submit a required counter-affidavit. This payment is a condition for the department to be allowed to file their defence. The funds will be directed towards the welfare of advocates through the Delhi High Court Bar Association.

Court :
Delhi High Court

Brief :
In M/s. Anand and Anand v. Union of India & Ors. [W.P.(C) 2354/2021 & CM APPL. 6889/2021, decided on May 24, 2021], the Hon’ble High Court of Delhi imposed the cost of Rs. 20,000 on Audit-I and GST EAST ('the Respondents') for non-appearance and non-filing of the counter- affidavit.

Citation :
[W.P.(C) 2354/2021 & CM APPL. 6889/2021, decided on May 24, 2021

In M/s. Anand and Anand v. Union of India & Ors. [W.P.(C) 2354/2021 & CM APPL. 6889/2021, decided on May 24, 2021], the Hon’ble High Court of Delhi imposed the cost of Rs. 20,000 on Audit-I and GST EAST ('the Respondents') for non-appearance and non-filing of the counter- affidavit.

Stated that if the Respondent wishes to file a counter-affidavit, cost of Rs.20,000/- will have to be deposited with the Delhi High Court Bar Association ('the DHCBA'). The DHCBA will use the money towards welfare measures that have been put in place, for advocates, enrolled with it.

Further, directed the Respondent to file counter-affidavit within the next five weeks subject to payment of cost of Rs. 20,000/- and listed the matter on August 25, 2021.

FAQ :

The GST Department was fined £20,000 for non-appearance in court and for not filing a counter-affidavit as required.

The GST Department must deposit a cost of £20,000 with the Delhi High Court Bar Association before they can file their counter-affidavit.

The £20,000 will be used by the Delhi High Court Bar Association for welfare measures for its enrolled advocates.

The GST Department has been given five weeks from the date of the order to file the counter-affidavit, subject to paying the cost.

The matter was listed for August 25, 2021.

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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