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High Court of DelhiW.P.(C)/5542/2020

Glow Infocom Private Limited v. Commissioner Excise Entertainment And Luxury Tax & ANR.

2020-08-31Hon'Ble Mr. Justice Najmi Waziri2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5542/2020 & CM APPL. 19971/2020 (stay) GLOW INFOCOM PRIVATE LIMITED ..... Petitioner Through:

Mr. Yogesh K. Jagia, Advocate.

versus COMMISSIONER EXCISE ENTERTAINMENT AND LUXURY TAX & ANR.

..... Respondents Through:

Mr. Gautam Narayan, ASC for GNCTD with Ms. Dacchita Shahi, Advocate for R-1 and R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 31.08.2020 The hearing was conducted through video conferencing.

1. The Commissioner (Excise, Entertainment & Luxury Tax), Department of Excise, GNCTD, has remanded the case to the Deputy Commissioner for decision afresh, on the petitioner's contentions apropos the merits of the case. The remand has to be decided in six weeks.

2. Mr. Yogesh Jagia, the learned counsel for the petitioner, submits that 6 weeks is far too long for the petitioner's shop to be kept sealed, resultantly depriving the petitioner of its regular use for that much longer.

3. The case was passed over for the learned counsel for the State to obtain instructions. Having done so, Mr. Gautam Narayan learned

ASC for GNCTD submits that the petitioner's challenge to the suspension order shall be disposed-off by the Deputy Commissioner within a period of 4 weeks.

4. Since the petitioner's property has been sealed for few weeks already, let its application be disposed-off within a period of 3 weeks from the remand by the Commissioner. The hearing shall be conducted through video conferencing.

5. No further orders are required to be passed at this stage. The writ petition, along with the pending application, is disposed-off in terms of the above.

6. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J AUGUST 31, 2020 AB