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Case Law Details

Case Name : AJ Power Center Vs Assistant Commissioner (ST) (Madras High Court)
Appeal Number : W.P. No. 24868 of 2024
Date of Judgement/Order : 02/09/2024
Related Assessment Year :
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AJ Power Center Vs Assistant Commissioner (ST) (Madras High Court)

Madras High Court directs department to consider the reply filed by the petitioner on blocking the GST Electric Credit Ledger which was not considered by the department at the time of passing impugned order.

Facts- In the present case, the impugned order came to be passed by the respondent on 04.07.2024 blocking the GST Electronic Credit Ledger of the petitioner. Thereafter, the petitioner filed their detailed reply/representation for unblocking the said Ledger by virtue of letter dated 18.07.2024. However, the same was not at all considered by the respondent till date. Hence, he requests this Court to pass appropriate orders directing the respondent to consider the reply filed by the petitioner.

Conclusion- Held that in the present case, the 1st respondent has passed the impugned order dated 04.07.2024 blocking the Credit Ledger of the petitioner and hence, a detailed reply was filed by the petitioner by virtue of letter dated 18.07.2024 requesting the respondent to unblock the said Ledger. However, the same was not at all considered by the respondent till date. In view of the above, though this petition has been filed challenging the impugned order dated 04.07.2024, considering the submissions made by the petitioner, this Court directs the respondents to dispose of the reply/representation dated 18.07.2024 filed by the petitioner within a period of 2 weeks from the date of receipt of a copy of this order.

FULL TEXT OF THE JUDGMENT/ORDER OF MADRAS HIGH COURT

This writ petition has been filed challenging the impugned order dated 04.07.2024 passed by the 1st respondent.

2. Mr. K. Prashanth Kiran, learned Government Advocate, takes notice on behalf of the respondents. By consent of the parties, the main writ petitions are taken up for disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that in the present case, the impugned order came to be passed by the respondent on 04.07.2024 blocking the GST Electronic Credit Ledger of the petitioner. Thereafter, the petitioner filed their detailed reply/representation for unblocking the said Ledger by virtue of letter dated 18.07.2024. However, the same was not at all considered by the respondent till date. Hence, he requests this Court to pass appropriate orders directing the respondent to consider the reply filed by the petitioner.

4. Per contra, the learned Government Advocate appearing for the respondent would submit that the impugned order came to be passed by the respondent on 04.07.2024, against which, the reply/representation was filed by the petitioner by virtue of letter dated 18.07.2024 and the same is yet to be considered by the respondent. Further, he would submit that the reply filed by the petitioner will be considered by the respondent as expeditiously as possible and requests this Court to pass appropriate orders.

5. Heard the learned counsel for the petitioner and the learned 3/6 Government Advocate appearing for the respondents and also perused the materials available on record.

6. In the present case, the 1st respondent has passed the impugned order dated 04.07.2024 blocking the Credit Ledger of the petitioner and hence, a detailed reply was filed by the petitioner by virtue of letter dated 18.07.2024 requesting the respondent to unblock the said Ledger. However, the same was not at all considered by the respondent till date.

7. In view of the above, though this petition has been filed challenging the impugned order dated 04.07.2024, considering the submissions made by the petitioner, this Court directs the respondents to dispose of the reply/representation dated 18.07.2024 filed by the petitioner within a period of 2 weeks from the date of receipt of a copy of this order.

8. With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petitions are also closed.

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