Supreme Court - Daily Orders
M/S Nuclear Power Corporation Of India vs State Of Rajasthan . on 15 May, 2015
Bench: Chief Justice, Arun Mishra
1
ITEM NO.31 COURT NO.1 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC No(s).
7840/2015
(Arising out of impugned final judgment and order dated 01/12/2014
in DBCWP No. 4352/2010 passed by the High Court Of Rajasthan at
Jaipur)
M/S NUCLEAR POWER CORPORATION OF INDIA Petitioner(s)
VERSUS
STATE OF RAJASTHAN & ORS. Respondent(s)
I.A. 1/2015(with c/delay in filing SLP and office report)
Date : 15/05/2015 This application was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN MISHRA
For Petitioner(s) Mr.Sameer Parekh, Adv.
Mr.Abhinav Sharma, Adv.
Mr.Anurag Tripathi, Adv.
For M/s. Parekh & Co.,Advs.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Notice.
Insofar as the interim orders are concerned, we Signature Not Verified Digitally signed by Ramana Venkata Ganti Date: 2015.05.15 15:51:10 IST direct the petitioner to pay 50 per cent of the arrears Reason: of the tax/demand levied under the Rajasthan Tax on Entry of Goods into Local Area Act, 1999, if not 2 already paid, within six weeks' time from today. For the balance amount to furnish Bank Guarantee within the same time.
We clarify that, if, for any reason, the respondent(s)/Sales Tax authorities have recovered any amounts from the petitioner, the petitioner will not claim any refund of the amounts so paid.
Insofar as the future payments are concerned, the petitioner(s) shall pay the entire demands.
If, for any reason, the petitioner succeed in this matter, the respondent-State shall refund the entire amount within a month's time from the date of the order passed by this Court.
If, for any reason, the respondent fail to refund the moneys due to the assessees/traders/ businessmen/company(s), the amount will carry statutory interest.
List along with Civil Appeal No.3453 of 2002.
(G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar