Indorama India Private Limited vs. Union Of India And Others
(Himachal Pradesh High Court, Himachal Pradesh)

Case Law
Petitioner / Applicant
Indorama India Private Limited
Respondent
Union Of India And Others
Court
Himachal Pradesh High Court
State
Himachal Pradesh
Date
Mar 9, 2022
Order No.
CIVIL WRIT PETITION NO. 1319 OF 2022
TR Citation
2022 (3) TR 5514
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

Notice. Mr. Balram Sharma, learned Assistant Solicitor General of India and Mr. Ajay Vaidya, learned Senior Additional Advocate General, appears and respectively waives service of notice on behalf of respondents No.1 to 4 and 5 & 6.  

2. The petitioner has filed this petition under Section 226 of the Constitution of India, seeking following reliefs:-

I. Issue a writ of certiorari or mandamus or any other appropriate writ, order or direction to quash the impugned circular being ultra vires the GST Act thereby being beyond the jurisdiction of the Executive and hence unconstitutional;

ii. issue a writ of mandamus or any other appropriate writ, order or direction to the respondent No.3, to immediately remove the name of the petitioner from the list of Risky Exporter.

iii. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondent No.4 to direct release of refund of IGST to the petitioner along with applicable interest as per the provisions of GST Act, or on provisional basis as provided under Section 54(6) of the CGST Act r/w Rule 91 of the CGST Rules, by crediting such amount to the petitioner’s account within three weeks from the date of receipt of a copy of this order;

iv) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondent No.4 to take appropriate actions and release the benefit claimed under Duty Drawback Scheme and RODTEP Scheme.”

3. Learned counsel for the petitioner has submitted that the petitioner has been approaching respondent No.3 by way of emails (Annexure P-10), but no action has been taken by the respondent No.3 so far. The petitioner has been declared Risky Exporter, but verification report has been given by the competent authority in favour of the petitioner.

4. Learned Assistant Solicitor General of India submits that the representations made by the petitioner to respondent No.3 by way of Annexure P-10, would be decided, in accordance with law, within two weeks from the receipt of the copy of this order.

5. In view of the statement made by learned Assistant Solicitor General of India, learned counsel for the petitioner submits that he may be permitted to withdraw this petition at this stage.

6. Ordered accordingly.

7. All pending applications also stand disposed of.

Please Wait
  • Home
  • /
  • caselaw
  • /
  • indorama india private limited vs union of india and others himachal pradesh high court

BUSY is a simple, yet powerful GST / VAT compliant Business Accounting Software that has everything you need to grow your business.

phone Sales & Support:

+91 82 82 82 82 82
+91 11 - 4096 4096