Bombay High Court
Aban Abraham Pte Limited vs The Union Of India And Anr on 28 November, 2022
Author: Gauri Godse
Bench: Nitin Jamdar, Gauri Godse
28-WP-4785-2022.doc
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4785 OF 2022
Aban Abraham Pte Limited ... Petitioner
vs.
The Union of India & Anr. ... Respondents
Mr Prakash Shah i/b. PDS Legal for the Petitioner.
Mr Dhananjay Deshmukh for the Respondents.
CORAM : NITIN JAMDAR AND
GAURI GODSE, JJ.
DATE : 28 NOVEMBER 2022 P.C.:
Heard learned counsel for the parties.
2. According to the learned counsel for the Petitioner the impugned order has proceeded on the basis that the decision of the Hon'ble Supreme Court in the case of M/s. Bhayana Builders Pvt Ltd vs. Commissioner of Service Tax Delhi 1 is not applicable in the Petitioner's case, however in series of decisions identical to the facts of the Petitioner, the tribunal has taken view that it is applicable. Learned counsel for the Petitioner states that the Petitioner has Digitally signed by RAJESHWARI applied for rectification of the impugned order dated 22 March RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:
1 2013(9) TMI 294 CESAT New Delhi (LB) 2022.12.02 1/2 16:20:39 +0530 28-WP-4785-2022.doc 2021, however the same is not being decided and therefore the present Petition is filed. The request of the learned counsel for the Petitioner that the Rectification Application be decided early is justified since it is pending for almost more than one and a half years.
4. Accordingly we defer the hearing of this Petition to 20 February 2023. We expect that by next date Authority would have decided the Rectification Application.
(GAURI GODSE, J.) (NITIN JAMDAR, J.) 2/2