Allahabad HC stays establishment of GST Appellate Tribunal in UP

Allahabad high court Lukhnow bench Law Insider

Soni Satti

The Lucknow Bench of Allahabad High Court restrained the Central Government from establishing a Goods and Service Tax (GST) Appellate Tribunal in Uttar Pradesh.

The order was passed on a petition filed by the Awadh Bar Association, seeking the establishment of the GST Appellate Tribunal at Lucknow. The Association had also opposed proposals for the establishment of the Tribunal at Allahabad.

In its plea, the Association expressed concern over an order passed by the Allahabad Bench of the High Court, quashing the decision of the GST Council for setting up of the Tribunal at Lucknow.

Given the ongoing conflict concerning the location of the Tribunal, a Division Bench comprising Chief Justice Govind Mathur and Justice Ritu Raj Awasthi said,

“Having considered the arguments advanced and also the instructions communicated to us on behalf of respondent nos. 1 (Union of India) and 2 (GST Council), we deem it appropriate to direct respondent nos. 1 and 2 for not establishing Goods and Services Tax Appellate Tribunal for the State of Uttar Pradesh without leave of this Court.”

The order comes a day after the High Court stayed the establishment of the Education Tribunal, one of the reasons why lawyers in Uttar Pradesh have been boycotting courts.

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