Union government was given six weeks to make a decision if gasoline and diesel should be subject to the GST regime by the Kerala High Court in the case of Kerala Pradesh Gandhi Darshanvedhi v. Union of India through the Division Bench comprising of Chief justice S. Manikumar and Justice Shaji P. Chaly.
FACTS OF THE CASE
The instant PIL was filed by the petitioner, Kerala Pradesh Gandhi Darshanvedi, for the certain reliefs which included to order the Ministry of Petroleum and Natural Gas and the Centre to include gasoline and diesel under the GST scheme by issuing a writ of mandamus or any other type of writ or order, to issue a writ of mandamus or any other writ or order mandating that the GST Council consider including gasoline and diesel within the GST system in order to develop a harmonised national market as per Article 279 A(6) of the Indian Constitution.
It was stated that Articles 14 and 21 of the Indian Constitution were violated by not including gasoline and diesel within the GST regime. The petitioner had also sent a letter to the Kerala government asking that the GST Council include gasoline and diesel in the GST system. The letter also suggested that the Kerala government hold off on levying a state tax on gasoline and diesel until the GST Council made a decision.
The Centre government and the Ministry of Petroleum and Natural Gas, on the other hand, took the stance that whether or not to include the GST is a matter of policy.
The GST Council argued that no mandamus may be issued to the GST Council to take any decisions and that the Union government is the competent authority to do so, adopting the same line of reasoning and relying on the ruling in Union of India v. Shiyaad, 2017.
The Court ordered that the GST Council inform the Centre government of the petitioner’s representation. Similar requests were made to the Centre government, which had six weeks to make a suitable conclusion.
Thus, the Court asked the Union government if gasoline and diesel should be subject to the GST regime. The Court gave the Centre six weeks to make a decision.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL