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2020 (10) TMI 314 - HC - VAT and Sales TaxPrayer for stay of interim order - cancellation of registration certificate of petitioner - petitioner had not sold any of the products covered by the Maharashtra Value Added Tax Act, 2002 during the relevant period - HELD THAT - The decision in the case of Carpo Power Limited 2018 (4) TMI 146 - PUNJAB AND HARYANA HIGH COURT is applicable to the facts of the present case where it was held that Also, Special Leave Petition filed by the State of Haryana against the aforesaid decision was dismissed by the Supreme Court holding that there was no legal and valid ground for interference. There shall be stay of the impugned order dated 05.03.2020 till the returnable date and as a consequence respondents are directed to issue the necessary C forms on the basis of the registration certificate - Stand over to 27.10.2020.
Issues:
Cancellation of registration certificate under Central Sales Tax Act, 1956 and Maharashtra Value Added Tax Act, 2002; Maintainability of writ petition when statutory remedy of appeal is available. Analysis: The judgment by the High Court of Bombay dealt with the cancellation of a registration certificate granted to a petitioner under the Central Sales Tax Act, 1956 by the State of Maharashtra. The impugned order dated 05.03.2020 canceled the registration certificate on the grounds that the petitioner had not sold any products covered by the Maharashtra Value Added Tax Act, 2002 during the relevant period, effective from 01.07.2017. Consequently, the petitioner would not be entitled to use any 'C' forms for transactions after the specified date. During the hearing, the learned senior counsel for the petitioners extensively referred to the provisions of the Central Sales Tax Act, 1956 and the Maharashtra Value Added Tax Act, 2002. Additionally, reference was made to a judgment of the Punjab and Haryana High Court in a similar case. The Court, after examining the petitioner's case in light of the referred judgment, was of the prima facie view that the decision might be applicable. It was noted that a Special Leave Petition filed by the State of Haryana against the said decision was dismissed by the Supreme Court, indicating no legal ground for interference. The Court considered the maintainability of the writ petition, given the existence of a statutory remedy of appeal. The learned AGP for the State opposed the prayer for stay and raised a preliminary objection on the maintainability of the writ petition. The Court, however, found that the decision cited by the AGP might not be directly applicable to the present case, as it involved different circumstances regarding the cancellation of a registration certificate. Consequently, the Court ordered a stay of the impugned order dated 05.03.2020 until the returnable date. The respondents were directed to issue the necessary 'C' forms based on the registration certificate during this period. The matter was adjourned to a later date for further proceedings, and the order was to be digitally signed for immediate action by all concerned parties.
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