Tata Metaliks Ltd. & Anr vs The Goods And Service Tax Council ...
2021 Latest Caselaw 5875 Cal

29.11.2021
   ks                       WPA 3679 of 2021
 sl. 37
                     Tata Metaliks Ltd. & Anr.
                                Vs
              The Goods and Service Tax Council Secretariat &
             Ors.

             Mr. Avra Mazumder
                           ... For the Petitioners.
             Mr. S.N. Dutta,
             Mr. Tapan Bhanja
                            ... For the Respondent No.2.

Mr. A. Roy, Ld. GP Mr. T.M. Siddiqui, Mr. Debasish Ghosh ... For the State.

Heard learned Advocates appearing for the parties.

This writ petition has been filed by the petitioners

being aggrieved by the inaction on the part of the

respondent No.5/the Additional Commissioner of

Commercial Taxes & PRO, Directorate of Commercial

Taxes in considering and disposing of the petitioners'

representations dated 27th July, 2020 and 3rd August,

2020 and sitting over the same, which is causing huge

financial losses to the petitioners every day.

Mr. Ghosh, learned Advocate appearing for the

respondents is not able to explain the reason for such

delay in disposing of the aforesaid representations of

the petitioners by the respondents concerned.

Considering the submission of the parties, this writ

petition, being WPA 3679 of 2021 is disposed of by

directing the respondent No.5 to consider and dispose

of the aforesaid representations of the petitioners in

accordance with law and by passing a reasoned and

speaking order after giving a reasonable opportunity of

hearing to the petitioners or its authorised

representative within four weeks from the date of

communication of this order.

The petitioners shall be entitled to take all the

points raised in this writ petition and rely on all the

judgments upon which the petitioners want to rely

before this court, at the time of consideration of such

representations of the petitioners by the respondent

concerned.

It is recorded that this court has not gone into the

merits of the said representations and the respondent

concerned shall make decision on the said

representations on its own merits and in accordance

with law.

( Md. Nizamuddin, J. )