Supreme Court of India in
Amrit Banaspati Company Limited vs State of Punjab WP(c) 69 of 2013 has
vacated stay on implementation and operation of section 62(5) of Punjab
VAT Act, 2005, which was granted on 31.01.2014.
However the Supreme Court
has stated in its order that there shall
not be any coercive steps for recovery of the amount in question.
The record of proceedings
in the said case is available on supreme court website which is made
available herebelow for all concerned.
ITEM NO.10+11 COURT NO.10 SECTION III
S U P R E M E C O U R T
O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special
Leave to Appeal (Civil) No(s).31804/2013
(From the judgement and
order dated 09/12/2013 in WA No.2408/2013
of The
HIGH COURT OF MADRAS)
DISHNET WIRELESS LTD Petitioner(s)
VERSUS
THE COMMERCIAL TAX
OFFICER & ANR
Respondent(s)
(With prayer for interim
relief)
with
Special Leave Petition
(C) 37727 of 2013
(with prayer for interim
relief)
Special Leave Petition
(C) 37754 of 2013
(With prayer for interim
relief)
Writ Petition (C) 1055 of
2013
(with application for
stay)
Writ Petition (C) 1057 of
2013
(with application for
stay)
Writ Petition (C) 11 of
2014
(with application for
stay and office report)
Writ Petition (C) 69 of
2014
(with application for
stay and office report)
with
Writ Petition (C) 31 of
2014
(with application for
stay and permission to file additional
documents and
office report)
Special Leave Petition
(C) 7052 of 2014
(with application for
exemption from filing c/c of the
impugned Judgment
and exemption from filing
O.T. and permission to place additional
documents
on record and with prayer
for interim relief and office report)
Special Leave Petition
(C) 7054 of 2014
(with application for
exemption from filing c/c of the
impugned Judgment
and exemption from filing
O.T. and permission to place additional
documents
on record and with prayer
for interim relief and office report)
Special Leave Petition
(C) 7015 of 2014
(with application for
exemption from filing c/c of the
impugned Judgment
and exemption from filing
O.T. and permission to place additional
documents
on record and with prayer
for interim relief and office report)
Special Leave Petition
(C) 7066 of 2014
(with application for
exemption from filing c/c of the
impugned Judgment
and exemption from filing
O.T. and permission to place additional
documents
on record and with prayer
for interim relief and office report)
Writ Petition (C) 212 of
2014
(with application for
ex-parte stay and office report)
Date: 07/03/2014 These Petitions were called on for hearing
today.
CORAM : HON'BLE MR.
JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s) Mr. S. Ganesh, Sr. Adv.
Mr. Kamal Budhiraja, Adv.
Mr. Aman Gupta, Adv.
Ms. Shruti Agarwal, Adv.
Mr. Alok Yadav, Adv.
Mr. Amar Pratap Singh, Adv.
Mr. Anand S. Pathak, Adv.
Mr. Amit Kumar Mishra, Adv.
Mr. Akshat Hansaria, Adv.
Mr. Archit Virmani, Adv.
Mr. Sunil Kumar Jain, Adv.(N.P.)
For Respondent(s) Mr. Nikhil Nayyar, Adv.
for Mr. Kuldip Singh, Adv. (N.P.)
Mr. B. Balaji, Adv.
Mr. R. Rakesh Sharma, Adv.
Mr. Selvin Raja, Adv.
UPON hearing counsel the Court made
the following
O R D E R
Counter Affidavit be filed within four
weeks from today.
Rejoinder Affidavit, if any, be filed
within two weeks.
Issue
fresh notice to the unserved
respondents, returnable on
02.05.2014.
W.P. (C.) No. 69 of
2014
The order dated 31.01.2014 is modified to
the effect that there shall not be any
coercive steps for recovery of the amount in question.
Stay of implementation of Sub-Section (5)
of Section 62 of the Punjab VAT Act,
2005 is vacated.
W.P. (C) 212 of
2014
Issue notice, returnable on 02.05.2014.
In the meantime, there shall not be
any coercive recovery
of the
amount of tax which is
the subject matter of this petition.
Counter Affidavit be filed
within three weeks
from the date
of
service.
Rejoinder Affidavit, if any, be filed
within two weeks thereafter.
|(Jayant Kumar Arora) | |(Sneh Bala Mehra) |
|Sr. P.A. | |Assistant
Registrar
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