Tata Metaliks Ltd And ANR v. The Goods And Service Tax Council Secy. And ORS

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. )