GST Council to decide on bringing Petrol, Diesel under GST
The Kerala High Court on Monday asked the GST Council to take a decision on a representation that sought to bring petroleum products under the GST regime (Kerala Pradesh Gandhi Darshanvedi Vs. Union of India).
The petitioner further added that a rise in petrol prices has a ripple effect that creates inflation of prices of various other commodities which directly affects the common man.
He also alleged that Central and State governments intervene and control petrol prices when elections are imminent even though they claim that it is petroleum marketing companies that decide the prices.
Pertinently, he submitted that the non-inclusion of petrol and diesel under the GST regime is violative of Articles 14 and 21 of the Constitution of India.
Standing Counsel for the GST Council, PR Sreejith, cited a judgement of the Kerala High Court wherein a Division Bench had held that no mandamus can be issued to the GST Council to take any decision. He further submitted that the Union of India is the competent authority to take a decision on this issue.
Assistant Solicitor General, P Vijayakumar, also submitted that inclusion or deletion of GST is a policy decision and not a legislative matter.
The Court decided to only direct the GST Council to forward the representation to the Union of India to take an appropriate decision within a period of six weeks from the date of receipt of a copy of the representation.
