Kerala High Court Seeks GST Council’s Response on exclusion of Petrol & Diesel From GST

Kerala High Court - Petrol - Diesel - GST - Taxscan

The Kerala High Court has sought the GST Council’s Response on the exclusion of Petrol & Diesel from Goods and Service Tax (GST).

Advocate Arun Varghese on behalf of the petitioner, Kerala Pradesh Gandhi Darshanvedhi stated that due to different rates of tax levied by the State governments under their fragment taxing policies, currently petrol and diesel were charged differently across the country.

According to the petitioner, this was an impediment in the way of achieving a harmonized national market as contemplated under Article 279 of the Constitution.

The petitioner submitted that due to an increase in the prices of petrol and diesel, there has been a hike in fares of vehicles causing a lot of problems for the common man. He argued that this situation will further lead to a price hike in essential commodities, thereby creating a high increase in the cost of living.

It was further contended that the unprecedented hike in the price of petrol and diesel pushes the public into immense hardship by which their right to life guaranteed under Article 21 of the Constitution is violated.

The division Bench Chief Justice S. Manikumar and Justice Shaji P Chaly asked the GST council to file a statement in this regard within ten days. The Court was adjudicating upon a petition filed by Kerala Pradesh Gandhi Darshanvedhi challenging the decision of the GST council.

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