The High Court closed a writ petition after the respondent re-credited the claimed amount to the petitioner's electronic cash ledger, a compliance with liberty granted in a previous order.
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W.P.No.9597 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.04.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.9597 of 2023
M/s.Indus Towers Limited, Represented by its Authorised Signatory Sanjay Wadhwa, No.5, Jawaharlal Nehru Road, Thiru Vi Ka Industrial Estate, Ekkatuthangal, TNCHE Chennai 600 032.
... Petitioner
Vs
The Assistant Commissioner, Office of the Assistant commissioner of GST & Central Excise Guindy Division, 692, MHU Complex, Nandanam, Chennai ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Mandamus directing the Respondent to pass an Order in Form GST PMT-03 to credit back Rs.31,88,310/- in the electronic cash
ledger of the Petitioner in GSTIN.
1
W.P.No.9597 of 2023
For Petitioner : Ms.R.Charulatha
For Respondent : Ms.V.Ananthi for Mr.K.Mohanamurali Senior Panel Counsel
O R D E R
Read this order in conjunction with and in continuation of order dated
28.03.2023 that reads as follows:
'Mr.K.Mohana Murali, learned Senior Panel Counsel accepts notice for the respondent and seeks some time to obtain instructions and file a counter.
2. Since the prayer of the petitioner is short, seeking a mandamus directing the respondent to pass an order in Form GST PMT -03 to re-credit a sum of Rs.31,88,310/- in its electronic ledger and the petitioner states that the request is pending since October, 2021, it is made clear that the respondent is at liberty to do the needful in accordance with the Rules, even prior to the next date of hearing, unfettered by the pendency of this Writ Petition, if they believe it appropriate.
3. List on 28.04.2023. Counter by then with an advance copy served upon the petitioner.'
2.Both learned counsel would accede to the position that pending writ
petition and based on the liberty granted on 28.03.2023, orders have been passed by the respondent and compliance memo has been filed to the effect that
the electronic cash ledger has been re-credited on 19.04.2023 as sought for by
the petitioner.
2
W.P.No.9597 of 2023
3.With this, nothing further survives in this writ petition and recording the same, this writ petition is closed. No costs.
28.04.2023
vs Index : Yes / No Speaking Order Neutral Citation : Yes / No To
The Assistant Commissioner, Office of the Assistant commissioner of GST & Central Excise Guindy Division, 692, MHU Complex, Nandanam, Chennai.
3
W.P.No.9597 of 2023
Dr.ANITA SUMANTH, J.
vs
W.P.No.9597 of 2023
28.04.2023
4
M/s.Indus Towers Limited
The Assistant Commissioner
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
