Jammu & Kashmir High Court
M/S Sharp Business Systems vs State Of J & K And Others on 20 April, 2022
Author: Tashi Rabstan
Bench: Tashi Rabstan
Sr. No. 18
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT JAMMU
CM No. 1973/2022
In
OWP No. 87/2011
M/S Sharp Business Systems ....Petitioner(s)
Through :- Mr. Rahul Pant, Sr. Advocate wit
Mr. Aniruddh Sharma, Advocate
V/s
State of J & K and Others ....Respondent(s)
Through :- Ms. Nisha Kangotra, Advocate
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
ORDER
20.04.2022 It is contended that the petitioner had filed a writ petition for questioning the assessment orders passed by the assessing authority as well as the appellate authority under the J & K Value Added Tax Act, 2005 for the accounting year 2005-06 and for accounting year 2006-07.
Pursuance to the interim order passed by this Court on 11.02.2011, the petitioner-applicant has deposited the amount of Rs. 3,05,100/- through demand draft in the name of Registrar Judicial, J & K High Court, Jammu. Apart from the demand draft, a Bank Guarantee for an amount of Rs. 20 lakhs was also deposited by the petitioner.
Vide Order dated 25.05.2017, the above mentioned writ petition has been decided by setting aside the assessment orders impugned in the writ petition along with the notices for recovery. While deciding the writ petition, this Court had directed the assessing authority to take a fresh decision in the matter in 2 CPOWP No. 83/2016 accordance with law by passing a speaking order. Further it has been directed that the amount as well as the Bank Guarantee deposited by the petitioner shall be released in his favour subject to decision of the assessing authority. The state- respondents aggrieved of the judgment passed by this Court, had filed a review petition, however, the same was also dismissed vide judgment dated 22.05.2019.
Subsequently, the assessing authority had passed fresh orders in terms of the directions passed by this Court whereby the applicant-petitioner had been assessed to zero tax liability. The petitioner-applicant herein has not been assessed to any tax liability, therefore, he is entitled to received back the amount deposited by him before this Hon'ble Court to the tune of Rs. 3,05,100/- and also the bank guarantee No. 5541066543 issued by Citybank, Jeevan Bharti Building, New Delhi in the name of Registrar Judicial of this Court. On examination of the application coupled with the submissions made by learned counsel for the applicant, this application is allowed.
The Registrar Judicial, of this Court is directed to release an amount, if any, deposited as well as the Bank Guarantee in favour of the applicant- petitioner after proper verification and identification.
Application disposed of.
(Tashi Rabstan) Judge Jammu:
20.04.2022 Sahil T