The Neyveli Nlc Contractors Welfare Association vs. The Chief Commissioner Of Gst And Central Excise And Others
(Madras High Court, Tamilnadu)

Case Law
Petitioner / Applicant
The Neyveli Nlc Contractors Welfare Association
Respondent
The Chief Commissioner Of Gst And Central Excise And Others
Court
Madras High Court
State
Tamilnadu
Date
Mar 4, 2021
Order No.
W.P. No.5188 of 2021 And WMP. Nos.5767, 5771, 5773 & 5775 of 2021
TR Citation
2021 (3) TR 3944
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

Mr.S.Gurumoorthy, learned Senior Panel Counsel accepts notice for R1 and R2 and Mr.N.Nithiyanandan, learned counsel accepts notice for R3 to R5, and both learned counsel are armed with instructions to proceed in the matter. By consent expressed by both parties, this Writ Petition is disposed finally even at the stage of admission.

2. What is challenged is a communication dated 06.02.2021, whereunder the Neyveli Lignite Corporation (NLC) calls upon its Units/Officers to recover the amounts of tax collected by its vendors (members of the petitioner association), but not deposited.

3. In terms of the contract between the members of the petitioner association, who are vendors of NLC and NLC, the consideration paid by the petitioners is inclusive of GST and liability in this regard is to be discharged by members of the petitioner association. Also, admittedly, the GST deducted has not been remitted in many cases, either fully or partly.

4. As a consequence, NLC appears to have suffered a reversal of the Input Tax Credit claimed by it and the demand raised has been remitted by it. The impugned communication, in my view, only seeks to enforce the contract qua NLC and its vendors.

5. This is not a matter which warrants interference or attention of this Court as the liability of the deductors to remit the tax deducted by it to the coffers of the Department, is absolute. In fact, failure to do so would render them liable to interest and penal action. The members of the petitoner association are at liberty to approach NLC seeking its indulgence for additional time to remit tax, not/short deducted and it is for NLC to consider the same.

6. Barring the aforesaid observation, nothing further survives in this writ petition, and the same is dismissed. Connected Miscellaneous Petitions are also dismissed. No costs.

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