Calcutta High Court (Appellete Side)
M/S. Infinity Bnke Infocity Private ... vs Union Of India & Ors on 3 December, 2021
Author: Md. Nizamuddin
Bench: Md. Nizamuddin
3.12.2021
ks WPA 29554 of 2017
sl. 18
M/s. Infinity BNKe Infocity Private Limited
Vs
Union of India & Ors.
Mr. J.K. Mittal,
Mr. Paritosh Sinha,
Mr. Amitava Mitra,
Ms. Antara Choudhury
... For the Petitioner.
Mr. Y.J. Dastoor, Ld. ASG.,
Mr. Tapan Bhanja
... For the UOI.
Mr. Amitabrata Roy,
Mr. Bhaskar Prosad Banerjee,
... For the Custom Authority.
In re : CAN/2/2018(Old No.CAN/9138/2018)
Heard learned Advocates appearing for the parties
at length in the matter and considering the facts that
the issue involved in this writ petition is the validity of
exercise of power by the respondent/ GST Authority
concerned under Rule 5A of the Service Tax Rule, 1994, which has already been declared ultra vires by the Hon'ble Delhi High Court in the case of Mega Cabs Pvt. Ltd. v. UOI, 2016(43) STR 67(Del.) and further the fact that the operation of the aforesaid judgment of the Hon'ble Delhi High Court has been stayed by the Hon'ble Supreme Court in the appeal filed against the judgment passed in Mega Cabs Pvt. Ltd. v. UOI (supra) is pending, I am inclined to extend the interim order in the matter till the disposal of the writ petition 2 and fix the matter for final hearing along with W.P.No.14776 (W) of 2015 on 28th January, 2022. Affidavit-in-reply and short written notes of argument along with compilation of notes filed by Mr. Mittal, learned senior Advocate appearing for the petitioner be kept with the record. On the next date of hearing learned Advocate appearing for the respondents shall be ready with the short written notes of argument.
This matter will be heard also along with WPA/29558/2017, WPA/11919/2019 and WPA/11020/2019.
CAN/2/2018(Old No.CAN/9138/2018) stands disposed of.
( Md. Nizamuddin, J. )