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Jharkhand High Court

Deepsons Auto Centre vs The Union Of India Through Cgst Council & ... on 12 April, 2022

Author: Aparesh Kumar Singh

Bench: Aparesh Kumar Singh, Deepak Roshan

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P.(T) No. 4249 of 2020
        Deepsons Auto Centre                               ---   ---     Petitioner
                                         Versus
        The Union of India through CGST Council & Ors. ---       --- Respondents
                                           ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan

---

             For the Petitioner       : Mr. Md. Zaid Ahmed, Adv.
             For the CGST             : Mr. P.A.S. Pati, Adv.
             For the State            : Mr. Salona Mittal, A.C. to G.A.-I
                                          ---

05/12.04.2022        Despite time granted by way of last indulgence on 23rd March

2022 to file supplementary affidavit in terms of the order dated 15th March 2021 within one week, no supplementary affidavit has been brought on record.

Learned counsel for the petitioner submits that supplementary affidavit through email has been sent yesterday, though the hard copy thereof has not yet been filed. Petitioner has approached this Court after two years of his alleged cause of action whereby his attempt to submit GST ITC-01 was allegedly declined due to technical error in the portal. However, the documents on record do not substantiate the plea of the petitioner of any such technical glitch. Learned counsel for the petitioner, however, seeks to substantiate the same through documents which he wants to bring on record by way of supplementary affidavit even now.

In the interest of justice, such indulgence is allowed, however on payment of cost of Rs.10,000/- in JHALSA by 19th April 2022. Let such affidavit be filed latest by 19th April 2022, failing which the office would not accept its filing. Receipt of deposit of cost be also filed in the Registry within the same time. The matter be listed on 2nd May 2022 by which time learned counsel for the respondents-State Mr. Salona Mittal would also be ready with instructions and, if possible, file a counter affidavit, both to the writ petition and the supplementary affidavit to be filed by the petitioner.

(Aparesh Kumar Singh, J) (Deepak Roshan, J) Shamim/