M/S Sdb Diamond Bourse Vs Union Of India (Gujarat High Court)
Mr.Vyas is right to a certain extent that the issues raised by the writ applicants before the ARA have been gone into by the Commissioner in the Order in Original. In other words, the Authority, in its order dated 16th July 2020, has adjudicated upon both the issues. In such circumstances, for all purposes, the application before the ARA has become academic and we should ask the Appellate Tribunal to hear the appeal preferred by the writ applicants herein and decide the same expeditiously in accordance with law.
We do not undermine the importance of Chapter XVII as pointed out by the Supreme Court. A vibrant system of advance ruling can go a long way in reducing the taxation litigations. However, in the matters of the present type, sometimes the delay at the end of the ARA may frustrate the investigation which may not be in the interest of the Revenue.
In the aforesaid view of the matter, we have reached to the conclusion that we should not interfere with the impugned order passed by the Commissioner only on the ground that he should have waited for the ruling of the ARA. Thus, in the peculiar facts and circumstances of the case, we decline to grant any relief to the writ applicants and relegate them to pursue the appeal preferred by them, before the Tribunal. The Tribunal shall decide the appeal expeditiously in accordance with law without being influenced in any manner with any of the observations made by this Court in this order. The Civil Application also stands disposed of.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
