Himachal Pradesh High Court
Idea Cellular Ltd vs State Of Himachal Pradesh & Others on 5 October, 2020
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
CWP No. 645 of 2017
Decided on: 5th October, 2020
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IDEA Cellular Ltd. .... Petitioner
Versus
State of Himachal Pradesh & others ......Respondents
_____________________________________________________________
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
1Whether approved for reporting?No
______________________________________________________
For the petitioner: Mr. Goverdhan Lal Sharma,
Advocate.
For respondents: Mr. Ashok Sharma, Advocate
General, with Mr. Vikas Rathore,
Mr. Vinod Thakur, Mr. Shiv Pal
Manhans, Additional Advocates
General and Ms. Seema Sharma,
Mr. Bhupinder Thakur and
Mr. Yudhvir Singh Thakur, Deputy
Advocates General, for respondents
No.1 to 3-State.
Through Video Conferencing.
Tarlok Singh Chauhan, Judge (Oral)
CMP No. 10080 of 2020
The applicant/petitioner has filed the instant 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 06/10/2020 20:18:17 :::HCHP -2-application for withdrawal of the main petition, on the ground .
stated in paras 2 to 4 of the application, which read as under:
"2. That the Government of Himchal Pradesh has introduced Himachal Pradesh (Legacy Cases Resolution) Scheme, 2019, (hereinafter referred to as 'scheme') vide notification No. EXN-F(10)-7/2019 dated 21st January, 2020, by offering an opportunity to declares for settlement of legacy cases subject to payment of settlement fee. The above scheme has been made applicable to all statues subsumed under the Goods & Service Tax Laws in 2017.
3. That the declarant is pursuing the present petition under H.P. Tax on Entry of Goods into Local Area Act, 2010 which falls within the purview of said scheme.
4. That as per Section 5 of the Himchal Pradesh (Legacy Cases Resolution Scheme, 2019, in case a declarant has filed an appeal before the appellate forum (Supreme Court, High Court or State Tax Tribunal) and such appeal has not been withdrawn on or before the day of submission of declaration, the declarant shall not be eligible to file the declaration under said scheme."
2. Now, the applicant has resorted to the remedy available to it, therefore, the present application is disposed of and the applicant is permitted to withdraw the main petition.
CWP No. 645 of 20173. In view of the order passed in the above application, the instant petition is dismissed as withdrawn.
::: Downloaded on - 06/10/2020 20:18:17 :::HCHP -3-However, it is made clear that in case the petitioner is still .
aggrieved, it is at liberty to approach this Court in accordance with law. Pending application(s), if any, also stand disposed of.
4. Registry is directed to list the remaining petitions for consideration on 26.10.2020.
r to (Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
October 05, 2020
(Gaurav/R.Atal)
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