Technithon Technologies Pvt. Ltd. Formerly Known As Chemithon Engineer Pvt. Ltd. v. The Union Territory Of Dadra And Nagar Haveli Thru Gp And ORS

spm 1 912-Wp-1761-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1761 OF 2020 Technithon Technologies Pvt Ltd.

Formerly Known As Chemithon Engineer Pvt. Ltd. .....Petitioner Vs.

The Union Territory of Dadra and Nagar Haveli and Ors.

.....Respondents Mr. Rahul Thakar for Petitioner.

Mr. Hiten Venegaonkar for Respondents.

CORAM : K. R. SHRIRAM & A. S. DOCTOR, JJ.

DATE : 18th AUGUST, 2022.

P.C.:- 1.

Mr. Thakar states that in a very similar matter, this Court by order dated 3rd September, 2012 in Writ Petition No.2988 of 2003 Voltas Ltd. and Anr. Vs. Commissioner of Sales Tax, Dadra & Nagar Haveli, Silvassa and Ors., relying on Prism Cement Ltd. & Anr. Vs. State of Maharashtra and Ors.1 in Writ Petition No.6475 of 2009 decided on 30th August, 2012, had quashed and set aside the circulars which were impugned in that Petition. Mr. Venegaonkar states that, the order of this Court dated 3rd September, 2012 is impugned in the Apex Court by SLP No.7236 of 2014, which is still pending. Mr. Venegaonkar states, in fairness, there is no stay. In the circumstances, this Petition is also disposed 2012 54 VST 104 (Bom) 1/2

spm 2 912-Wp-1761-2020.doc in view of order dated 3rd September, 2012 mentioned earlier. The impugned order dated 11th December, 2018 passed by Respondent No.2 also is quashed and set aside.

2.

Mr. Venegaonkar states that Respondent will be filing another SLP challenging this order. We cannot make any comment on that. (A. S. DOCTOR, J.) (K. R. SHRIRAM, J.) 2/2