Delhi HC defers case on constitutional validity of NAA under GST system

No consensus on questions to be raised, court decides to hear them all

The Delhi High Court on Monday deferred the hearing on a much-awaited case on the constitutional validity of National Anti-profiteering Authority (NAA) under the goods and services tax (GST) system.

The petitions (aound 50 in number), included those by major companies such as Hindustan Unilever, Patanjali, Jubilant Foodworks, Reckitt Benckiser, Johnson & Johnson, Phillips and Subway.

The case was deferred as there was no consensus on the number of questions which needed to be heard. The court decided to hear all the questions raised. The court felt that the matter could be heard over the period of three-four weeks, said Abhishek Rastogi, counsel for many petitioners and partner at Khaitan & Co Ltd.

There were around 48 questions raised against NAA.

"While it is a good thing that the court has agreed to hear all the issues comprehensively, frankly the list could have been truncated as far as the decision is required to be taken on the constitutional aspect of the provisions," Rastogi said.

Given the number of petitions, the court had earlier directed each petitioner to file the submissions within five pages.

In the initial round of hearing, the court said it was apparent that there was no consensus between those who had challenged the authority and the Union government with regard to the issues to be framed.

Of the 48 issues, the Union government had said only 14 of them were substantial.