LAWS(GAU)-2024-6-118

BRAHMAPUTRA TELEVISION NETWORK Vs. UNION OF INDIA

Decided On June 21, 2024
Brahmaputra Television Network Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India to assail the original proceedings which was initiated by a Demand-cum-Show Cause Notice bearing no. C.No. V[15]75/ADJ/CGST-HQRS/GHY/ST/2021/1421 dtd. 26/4/2021 resulting into an Order-in-Original no. 61/Addl. Commr./ST/GHY/2021-22 dtd. 1/3/2022 passed by the Additional Commissioner, O/o the Principal Commissioner, GST and Central Excise Commissionerate, Guwahati [the respondent no. 3] and the appeal proceedings which ema-nated from the appeal preferred by the petitioner as appellant against the Order-in-Original dtd. 1/3/2022 culminating in an Order-in-Appeal bearing no. 528/GHY[A]/COM/ST/GHY/ 2023 dtd. 21/9/2023 of the Commissioner [Appeals], CGST, Central Excise and Customs, Guwahati [the respondent no. 2].

(2.) It has been stated that the petitioner, M/s Brahmaputra Television Networks is a proprietorship firm having its registered office at Guwahati. It is mentioned that the petitioner is engaged in providing taxable service in the nature of 'advertising agency services' since the year 2000 and as part of its business, it provides advertising services to the State Government agencies and private parties. For the purpose of Service Tax, the petitioner had got itself registered with Service Tax Code [STC] Registration no. ATTPS7285FST001 with VAT Registration Certificate no. GRN18530220383. Subsequently, after coming into effect of the Goods and Services Tax [GST] Act, 2017 on and from 1/7/2017, the Service Tax registration and the VAT registration of the petitioner have been migrated to the GST regime with GST Registration no. 18ATTPS7285F1ZR.

(3.) The events which have led the petitioner to institute the present writ petition can be narrated, briefly, as follows :-