M/S Dujodwala Resin And Terpenes ... vs
2021 Latest Caselaw 928 j&K

                                                                   S. No.7
                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                   CPOWP No. 29/2018
                                                   c/w
                                                   CPOWP No. 28/2018



M/s Dujodwala Resin and Terpenes Ltd.                 ...Appellant/Petitioner(s)


                     Through :- Mr. Pranav Kohli, Sr. Advocate with
                                 Mr. Arun Dev Singh, Advocate
                    v/s
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     B. B. Vyas, Chief Secy. & others                       .....Respondent(s)

                    Through :- Mr. F. A. Natnoo, AAG for R- 3
                               Mr. KDS Kotwal, Dy. AG for R-2


Coram:          HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE


                                       ORDER

1. Judgment dated 11.12.2015 passed by this Court is yet to be

complied with.

2. In the compliance report filed by respondent No. 3, it is the stand

taken that in the absence of verification of the amount of sales tax received by the

Forest Department and deposited with the sales tax authorities, it is not possible

for the Department of Industries to refund the amount. It is stated that whatever

amount has been verified by the concerned authorities has since been paid.

3. Mr. KDS Kotwal, learned Dy. AG appearing for respondent No. 2

seeks reasonable opportunity to come up with exact figure of the sales tax dues

which the concerned sales tax circle has received from the petitioner so that the

same in terms of the judgment are refunded. He, however, submits that it would

be convenient for respondent No. 2 if requisite assistance is provided by the

petitioner.

4. Let this matter come up for consideration on 15.09.2021.

5. In the meantime, respondent No. 2 shall conduct the requisite

exercise and work out the sales tax due payable to the petitioner. This, however,

does not absolve the petitioner of its responsibility to provide requisite

information to respondent No.2 as may be requisitioned by the later.

                             (PUNEET GUPTA)            (SANJEEV KUMAR)
                                JUDGE                        JUDGE
JAMMU
21.08.2021
Paramjeet