Advocacy@RAI

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The State Government of Maharashtra had issued a ban on various plastic products in the state through the notification dated 23rd March 2018. The government had then communicated revisions to the ban through a revised notification on 11th April 2018.

As the ban had far-reaching implications on retail business, a delegation from RAI had a series of meetings with the State Government, representing the concerns of the retail industry. RAI was also nominated to the Expert Committee formulated for deliberating upon various aspects of the ban.

Subsequently, the State Government has issued a revised notification dated 30th June 2018.

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This is with reference to Retailers Association of India's submission requesting for an extension for implementation of the amendments in the Legal Metrology (Packaged Commodities) Act, 2017, issued vide notification no GSR - 629 (E) dated 23rd June 2017.

On representation from RAI, the Department of Legal Metrology, Ministry of Consumer Affairs, Government of India has extended the implementation of the notification further by three months until 31st July 2018 for disposal of old inventory. Click here to view the advisory.

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Authority for Advance Ruling (AAR) has passed an order stating that GST would be leviable on sale of goods from ‘duty-free’ shops at airports. Retailers Association of India submitted a representation to the Government and recommended that duty free shops should not be subject to GST. It was confirmed by the Government that they will issue a clarification that GST will not be leviable on Duty Free Shops at Airports.

RAI has also recommended the Government to introduce the Tax Refund for Tourists (TRT) scheme to enable outbound tourists to obtain a refund on the goods purchased during their stay in India to promote tourism in the country and make India a global shopping destination like Singapore and other developed countries which offer a tax refund scheme for visitors.

Click here to view the representation

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The State Government of Karnataka issued a notification increasing minimum wages for skilled and unskilled labor in the state w.e.f 30th December 2017. Click here to view the notification.

Subsequently, RAI submitted representations to Shri Siddaramaiah, Hon’ble Chief Minister of Karnataka to highlight the impact of the steep rise in the minimum wages and how it would affect the overall retail industry. Click here to view the representation.

RAI, on behalf of its members, filed a Writ Petition before the Karnataka High Court in this regard challenging the notification which came up for a preliminary hearing on 27.4.2018. After hearing the matter, the Hon’ble Court directed the Government to not precipitate the notification during the pendency of the Writ Petition. Click here to view the interim order.

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Retailers Association of India (RAI) had filed a writ petition in 2007 and again in 2010 before the Bombay High Court challenging the constitutional validity of the Levy of Service Tax on Renting of Commercial Properties, in which RAI Members were granted an interim relief. When the matter was dismissed by the Bombay High Court, to continue enjoying the benefit of the interim order, RAI filed a Special Leave Petition before the Supreme Court against the Judgement of the Bombay High Court.

In October 2011, the Supreme Court directed RAI members to pay half their service tax liabilities so that the matter could be scheduled for final hearing. Click here to view the order.

Subsequently, the matter was listed for hearing in March 2018. Since a lot hangs in the balance on the Supreme Court judgement, RAI has engaged the services of the best counsels and lawyers to represent the said case.

On 5th April 2018, the Apex Court accepted that the matter involves constitutional validity. Furthermore, it was held that the matter will be deferred until disposal of the issues pending before the nine judges bench in Mineral Area development Authority and others (Supra). Click here to view the order.

As per RAI's lawyers, since the matter has been referred to the nine judge bench, it may take considerable time to reach the conclusion.

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Retailers Association of India (RAI)
111/112, Ascot Centre, Near Hotel ITC Maratha, Sahar Road, Sahar,
Andheri (E), Mumbai - 400099.
Tel : +91 22 28269527 - 29
Fax : +91 22 28269536,
Email: info@rai.net.in
CIN: U91990MH2005GAP151959

About Us

Retailers Association of India (RAI) is the unified voice of retailers in India. A not for profit organization, RAI works with all  stakeholders for creating the right environment for the growth of modern retail industry in India.  Read More.

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