9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (3) TMI 356 - HC - GSTProfiteering - stay on operation of the petitioner - HELD THAT - We are inclined to stay the operation of the impugned order subject to the petitioner depositing in this Court, in the name of Registrar General, 10% of the amount of profiteering assessed by the NAA i.e. ₹ 9,96,18,637/- within four weeks from today - The amount once deposited shall be immediately placed in a Fixed Deposit by the Registrar General.
Issues Involved:
1. Exemption application 2. Notice issuance to respondent No.7 3. Stay of operation of impugned order subject to depositing 10% of assessed profiteering amount Exemption Application: The High Court allowed the exemption application in the case, subject to all just exceptions. The application was disposed of, indicating a favorable outcome for the petitioner seeking exemption. Notice Issuance to Respondent No.7: In response to W.P.(C) 2445/2020, the High Court issued notice to respondent No.7, with a returnable date of 30.07.2020. The counsels for the respondents accepted the notice, and the served respondents were granted six weeks to file their counter-affidavits. A rejoinder was also allowed to be filed before the next date of hearing, ensuring a fair opportunity for all parties to present their arguments. Stay of Operation of Impugned Order: After hearing the counsels and examining the impugned order and the report of the Director General - Anti Profiteering, the High Court decided to stay the operation of the impugned order. This stay was subject to a specific condition that the petitioner must deposit 10% of the profiteering amount assessed by the National Anti-Profiteering Authority (NAA), which amounted to ?9,96,18,637. The deposited amount was required to be made in the name of the Registrar General within four weeks, and the Registrar General was instructed to place the deposited amount in a Fixed Deposit promptly. This decision indicated a temporary halt on the enforcement of the impugned order, pending the fulfillment of the deposit requirement by the petitioner.
|
