Calcutta High Court
M/S.Simplex Infrastructure Ltd & Anr vs Commissioner Of Service Tax ... on 6 December, 2010
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 1114 of 2009
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
M/S.SIMPLEX INFRASTRUCTURE LTD & ANR Petitioners
Versus
COMMISSIONER OF SERVICE TAX COMMISSIONERATE,KOL & ORS
................................................................Defendant/Respondents
For Plaintiff/Petitioner : DR.D.P.PAL,SR.ADVOCATE WITH MR.A.MAJUMDER,ADVOCATE For Union of India : MR.FAROOK M.RAZACK,LEARNED ADDITIONAL SOLICITOR GENERAL WITH MR.A.ROY,ADVOCATE. For respondent no.1 : Mr.R.Bharadwaj, Advocate. BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 6th December, 2010.
The Court : Let affidavit of service filed today be kept on record.
Let affidavit-in-opposition to the writ petition be filed by 18th February, 2011. Reply thereto, if any, by 25th February, 2011. 2
The question of jurisdiction is kept open. Since the petitioners, as evident from the annexure-P/4 to the writ petition, have replied to the show cause notice dated 7th September, 2009, the authorities are at liberty to proceed and may pass order after giving an opportunity of hearing to the petitioners. The petitioners are at liberty to pray for appropriate order upon notice.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
(SOUMITRA PAL, J.) ssaha AR(C.R.)