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TMI Blog2024 (7) TMI 527X X X X Extracts X X X X X X X X Extracts X X X X ..... the case made out by the petitioners, the writ petition should be heard. Further considering the prima facie case made out by the petitioners there shall be a stay of the demand raised by the proper officer as is reflected in the order dated 30th March, 2024, subject to the petitioners depositing 10% of the disputed tax amount with the GST authorities. Such payment must be made within a period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner no. 1 in violation of Section 16 (2) (a) of the said Act, inter alia, on the ground that M/s. Crystolyte Facility Management Pvt. Ltd., with whom the petitioner no. 1 had signed an agreement had closed down its business, for the financial year 2018-19. 3. When the aforesaid writ petition came up for consideration, this Court by an order dated 19th June, 2024, had permitted the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Pvt. Ltd., had been complying with the provisions of the said Act at least up to the tax period of 2018-19. 5. Let the supplementary affidavit filed in Court today be taken on record. 6. By placing reliance on a press release dated 4th May, 2018, issued by the Ministry of Finance, it is submitted that it has been clarified that there shall be no automatic reversal of input tax credit from buy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court in the case of Suncraft Energy Private Limited Anr. v. Assistant Commissioner, State Tax, Ballygunge Charge Ors., reported in 2023 SCC OnLine Cal 2226. In the light of the above, it cannot be considered as an exceptional situation for the respondents to proceed against the petitioner no. 1 nor there is any finding to that effect. 7. Mr. Kanodia, learned advocate representing the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se made out by the petitioners there shall be a stay of the demand raised by the proper officer as is reflected in the order dated 30th March, 2024, subject to the petitioners depositing 10% of the disputed tax amount with the GST authorities. Such payment must be made within a period of seven days from date. 10. If such payment is made, the interim order passed here shall continue till the end of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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