Manipur High Court
Achanbigei Mayai Leikai Imoinu Weavers … vs Union Of India & 3 Ors on 13 March, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2025.03.14
VICTORIA 10:24:31 +05'30' Item Nos. 5-6
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 211 of 2025
Achanbigei Mayai Leikai Imoinu Weavers Cooperative Society
Ltd. & 4 Ors.
...Petitioners
- Versus -
Union of India & 3 Ors.
...Respondents
With
MC(WP(C)) No. 196 of 2025
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
13-03-2025
Heard Mr. N. Zequeson, learned counsel for the petitioners/
applicants.
Issue notice in both the main petition as well as miscellaneous
application.
Mr. Vijayanand Sharma, learned Sr. PCCG, accepts notice on behalf
of respondent Nos. 1 & 2 and Mrs. Ch. Sundari, learned Government
Advocate, accepts notice on behalf of respondent Nos. 3 & 4. Hence, service
is complete on all the respondents.
Learned counsel for the respondents pray for three weeks’ time for
filing counter affidavits.
Mr. N. Zequeson, learned counsel for the petitioners, prays for interim
relief on the ground that Primary Handloom Weaver Cooperative Societies
(PHWCSs) with less than ten lakh turnover in a financial year for the last
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three years are eligible for Marketing Incentive (MI) under National
Handloom Development Programme (NHDP).
By the impugned order dated 04-03-2025 issued by the Secretary,
Ministry of Textiles, Government of India, it is observed that all handloom
agencies such as the petitioner herein has to GST compliant in order to get
the benefit of Marketing Incentive under NHDP Scheme and they must have
GST registration.
Mr. N. Zequeson, learned counsel for the petitioners, draws the
attention of this Court to Section 22 of the Central Goods and Services Tax
Act, 2017 where a person with taxable income of aggregate turnover of ten
lakhs in a financial year in special category States are exempted from GST
registration and it is stated that the impugned order is in violation of Section
22 of GST Act, 2017.
Mr. Vijayanand Sharma, learned Sr. PCCG for the Central
Government, submits that Primary Handloom Agencies with GST compliant
have already submitted representations to avail benefits of MI under the
NHDP scheme and if the impugned order is passed by this Court, it will affect
the other eligible persons and hence, no interim order may be passed by
this Court.
Considering the submissions made at the Bar, the finalization of the
grant of MI for the year 2024-2025 under the NHDP will be subject to the
outcome of the writ petition.
List these cases on 25-04-2025.
JUDGE
Victoria
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