Case Law Details
Pepperfry Limited Vs Union of India (Bombay High Court)
Bombay High Court has allowed Pepperfry Limited to file a belated reply to the GST show cause notice (SCN) dated 11 April 2023. This decision was made following similar proceedings in a previous case (Writ Petition No. 4500 of 2024). The Court set aside the order dated 3 July 2023, which had previously dismissed the petitioner’s request. The Court granted Pepperfry two weeks to submit its reply to the SCN. After reviewing the reply, the concerned authority is required to dispose of the matter within eight weeks. However, the Court imposed a cost of Rs. 50,000, which must be paid to the Prime Minister’s Relief Fund as a pre-condition for receiving the benefit of the order. All other legal contentions of the parties remain open for further consideration.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. Heard learned counsel for the parties.
2. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. Learned counsel for the parties agree that the issues raised in this Petition are identical to the issues that were involved in Writ Petition No.4500 of 2024 which was disposed of by us by our order dated 11 October 2024.
4. Accordingly, based on the reasoning in our order dated 11 October 2024, we allow this Writ Petition. Accordingly, the order dated 3 July 2023 is set aside and the matter is restored before the Respondent No.4. The Petitioner is granted two weeks time to file reply to the show cause notice dated 11 April 2023. After considering such reply and hearing the Petitioner, the show cause notice must be disposed of as expeditiously as possible, in any event, within eight weeks of receiving the reply. All contentions of all parties are left open.
5. The above relief is granted to the Petitioner subject to the Petitioner paying cost of Rs.50,000/-. Such cost must be paid within two weeks from today to the Prime Minister’s Relief Fund, and the payment of such costs shall be a precondition for receiving the benefit of this order.
6. The Rule in this Petition is disposed of in the above
7. All concerned to act on an authenticated copy of this
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