2017 (3) TMI 1837 - HC - Indian Laws

Interim measure on stay of refund - HELD THAT - The writ petition is disposed off at admission stage in terms of the judgment and order passed by this Court.

Summary

Issues:
Controversy settlement based on previous judgment and interim orders.

Analysis:
The High Court heard arguments from both parties' counsels and disposed of the writ petition at the admission stage with their consent. The controversy in question had already been settled by a Division Bench judgment and order dated 29.02.2012 in a related case. The High Court noted that the decision of the Division Bench had not been stayed by the Supreme Court, except for a stay on refund and a provision for interest if the assessee succeeded in the appeal. The writ petition was finally disposed of in line with the Division Bench judgment and the interim order of the Supreme Court. The benefit of the order was made subject to the final outcome of the pending appeal in the Supreme Court. Additionally, during the pendency of the special appeal before the Supreme Court, the respondents were restrained from realizing tax on molasses but were required to keep a record of molasses transactions. If the appeal failed, the petitioner would be liable to pay tax as per the law. Consequently, the writ petition was disposed of in accordance with the previous judgment and order of the High Court.