Supreme Court - Daily Orders
Indus Tower Ltd. vs The State Of Gujarat on 30 April, 2019
Bench: Ashok Bhushan, Navin Sinha
ITEM NO.22 COURT NO.11 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A. No. 70236/2019 in Civil Appeal No(s). 10329/2018
INDUS TOWER LTD. Appellant(s)
VERSUS
THE STATE OF GUJARAT & ORS. Respondent(s)
(IA 70236/2019 (Application for Stay) )
Date : 30-04-2019 This application was called on for hearing
today.
CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN
HON'BLE MR. JUSTICE NAVIN SINHA
For Appellant(s) Mr. Arvind P. Datar, Sr. Adv.
Mr. Neeraj Shekhar, AOR
Mr. Animesh Kumar, Adv.
Ms. Prerna Chopra, Adv.
Mr. Angad Ahuja, Adv.
For Respondent(s) Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Ms. Vishakha, Adv.
For Ms. Hemantika Wahi, AOR
Mr. K. Radhakrishnan, Sr. Adv.
Ms. Sunita Rani Singh, Adv.
Ms. Binu Tamta, Adv.
Mr. B. Krishna Prasad, AOR
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the parties submit that the affidavits have been exchanged and leave has already been granted in the matter.
I.A. No. 70236/2019 has been filed by the appellant praying Signature Not Verified for Digitally signed by SANJAY KUMAR Date: 2019.05.01 stay the recovery of demand vide Recovery Notice dated 11:11:29 IST Reason:
30.03.2019.1
Learned counsel for the appellant submits that the High Courts of Karnataka, Madhya Pradesh, Delhi and Kerala have already taken decision in favour of the appellant that the persons similarly situated are not liable to pay VAT tax when service tax is being paid.
It is further submitted that against the order of the Madhya Pradesh High Court, the special leave petition has already been dismissed by this Court on 19.03.2019. Learned senior counsel appearing for the Union of India submits that there are various other SLPs / Civil Appeals from different States raising the same issues. He shall submit the list of cases in which same questions are involved. List the matter on 07.08.2019.
In the meantime, no coercive steps shall be taken against the appellant.
Liberty is granted to the Union of India to file their affidavit within four weeks.
(MEENAKSHI KOHLI) (INDU KUMARI POKHRIYAL) COURT MASTER ASSISTANT REGISTRAR 2