CASE LAW

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2025(04)LCX0049

Kerala High Court

Indian Medical Association

Section 2(17)(e) and Section 7(1)(aa) and the Explanation thereto of the CGST & KGST Act, 2017 are declared as unconstitutional and void being ultra vires the provisions of Article 246A read with Article 366 (12A) and Article 265 of the Constitution of India, principle of mutuality would insulate services rendered by a Club/Association to its members from the levy of GST on supply of services.
 
2024(07)LCX0277

Kerala High Court

Indian Medical Association

Court dismisses the challenge to the constitutionality of GST Act Section 7(aa), but limits its operation to prospective effect from 01.01.2022, and remands the matter for assessment of individual activities.