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[Cites 1, Cited by 54]

Supreme Court - Daily Orders

Dinesh Pouches Ltd. vs State Of Rajasthan . on 2 July, 2015

Bench: Chief Justice, Arun Mishra, Amitava Roy

                                                  1

                ITEM NO.42 & 53           COURT NO.1                SECTION III

                                  S U P R E M E C O U R T O F     I N D I A
                                          RECORD OF PROCEEDINGS

                Petition for Special Leave to Appeal (C)    No. 15353/2015

                (Arising out of impugned final judgment and order dated
                25/03/2015 in DBCWP No. 2206/2014 passed by the High Court Of
                Rajasthan At Jodhpur)

                DINESH POUCHES LTD.                                  Petitioner(s)

                                                   VERSUS

                STATE OF RAJASTHAN & ORS.                            Respondent(s)
                (With interim relief and office report)

                WITH
                S.L.P.(C)...CC No. 9758/2015
                (With appln.(s) for c/delay in filing SLP and Office Report)

                S.L.P.(C)...CC No. 9765/2015
                (With appln.(s) for c/delay in filing SLP and Office Report)

                SLP(C) No. 16312/2015
                (With appln.(s) for exemption from filing O.T. and Interim
                Relief and Office Report)

                S.L.P.(C)...CC No. 9876/2015
                (With appln.(s) for c/delay in filing SLP and Office Report)

                SLP(C) No. 14836/2015
                (With appln.(s) for permission to place addl. documents on
                record and appln.(s) for exemption from filing O.T. and Interim
                Relief and Office Report)

                S.L.P.(C)...CC No. 9987/2015
                (With appln.(s) for c/delay in filing SLP and Office Report)

                S.L.P.(C)...CC No. 10166/2015
                (With appln.(s) for c/delay in filing SLP and Office Report)

                S.L.P.(C)...CC No. 10182/2015
Signature Not Verified
                (With appln.(s) for c/delay in filing SLP and Office Report)
Digitally signed by
Charanjeet Kaur
Date: 2015.07.02
16:45:54 IST
Reason:
                S.L.P.(C)...CC No. 12098/2015
                (With appln.(s) for c/delay in filing SLP and Office Report)
                                         2

Date : 02/07/2015     These petitions were called on
                         for hearing today.
CORAM :
          HON'BLE THE CHIEF JUSTICE
          HON'BLE MR. JUSTICE ARUN MISHRA
          HON'BLE MR. JUSTICE AMITAVA ROY

For Petitioner(s)          Mr. Rishabh Sancheti, Adv.
                           Mr. T. Mahipal,Adv.
                           Mr. Bishwabandhu, Adv.

                           Mr. Atul Jha, Adv.
                           Mr. Sandeep Jha, Adv.
                           Mr. Dharmendra Kumar Sinha,Adv.

                           Ms.   Swati Thapa, Adv.
                           Mr.   Ashin Goel, Adv.
                           Mr.   Gajendra Maheshwari, Adv.
                           Mr.   Ashwarya Sinha,Adv.

                           Mr.   K.L. Janjani, Adv.
                           Mr.   Pramod tiwari, Adv.
                           Mr.   Pankaj Kumar Singh, Adv.
                           Dr.   Vinod Kumar Tewari,Adv.

For Respondent(s)

    UPON hearing the counsel the Court made the following
                          O R D E R

Delay Condoned.

Issue Notice.

Insofar as interim orders are concerned, we direct the petitioner(s) to pay 50 per cent of the arrears of the tax/demand levied under the Rajasthan Tax on Entry of Goods into Local Area Act, 1999, if not already paid, within six weeks' time from today. For the balance amount to furnish Bank Guarantee within the same time.

We clarify that, if, for any reason, the respondent(s)/Sales Tax authorities have recovered any amounts from the petitioner(s), the petitioner(s) 3 will not claim any refund of the amounts so paid.

Insofar as the future payments are concerned, the petitioner(s) shall pay the entire demands.

If for any reason, the petitioner(s) succeed in this matter, the respondent-State shall refund the entire amount within month's time from the date of the order passed by this Court.

If, for any reason, the respondent(s) fails to refund the moneys due to the assessees/traders/businessmen/company(s), the amount will carry statutory interest.

Tag with SLP(C) No. 16351/2007.

[ Charanjeet Kaur ]                       [ Vinod Kulvi ]
   A.R.-cum-P.S.                          Asstt. Registrar