High Court of DelhiW.P.(C)/3334/2017

Clintus Network Limited v. Union Of India & ORS.

2017-04-18Cases Pertaining To Spl.Division Benches2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3334/2017 CLINTUS NETWORK LIMITED ..... Petitioner Through:

Mr. Puneet Jain, Ms. Seema Bengani, Mr.

Ajay Veer Singh Jain & Mr. N.V. Ahmad, Advocates versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Abhishek Khanna, Advocate for Respondent No.1 Mr. Sanjeev Narula, Senior Standing Counsel with Mr. Abhishek Ghai, Advocate for respondent Nos.2, 3, 4 & 7 CORAM: JUSTICE S. MURALIDHAR JUSTICE NAJMI WAZIRI

O R D E R

% 18.04.2017 CM No. 14553/2017 1.

Allowed, subject to all just exceptions.

CM No. 14555/2017 2.

For the reasons stated therein, the delay in re-filing is condoned. 3.

The application is allowed.

WP(C) No. 3334/2017 & CM No. 14552, 14554/2017

4. This petition seeks quashing of the Show Cause Notice ('SCN') No. 51 of 2016-2017 dated 10th January, 2017 issued by the Commissioner of Service Tax Delhi-III and the summons dated 19th November, 2015 issued by the W.P.(C) 3334/2017

Superintendent (AE) in the Office of Commissioner of Service Tax, New Delhi.

5. The Court is not inclined, at this stage, to interfere with the SCN. The Petitioner itself states that an interim reply has been filed and that after copies of the documents were purportedly seized from it are furnished, a detailed reply will be filed.

6. Mr. Sanjeev Narula, Senior Standing Counsel, who appears on advance notice, states that copies of whatever documents are sought by the Petitioner and are available with the Department will be provided to the Petitioner not later than two weeks from today. In any event, a final reply will be filed by the Petitioner not later than two weeks thereafter. All points urged by the Petitioner concerning the legality of the impugned SCN and the summons are left to be urged in the adjudication proceedings and thereafter, in accordance with law.

7. With the above observations, the writ petition is disposed of. The pending applications are also disposed of.

S.MURALIDHAR, J NAJMI WAZIRI, J APRIL 18, 2017 tp W.P.(C) 3334/2017