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M/S Juwi INDIA Renewable Energies PVT LTD vs. The Union Of INDIA

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RP/524/2022HC KarnatakaGSTCNR KAHC01022262202209 September 2022Bench: P.S.DINESH KUMAR,M G UMA3 pages
For Petitioner: SHRI. C. INDRA KUMAR, ADVOCATE AND SHRI.Y.C. SHIVAKUMAR, ADVOCATEFor Respondent: SHRI. R. MADANAN PILLAI, ADVOCATE FOR R1; SHRI. JEEVAN J. NEERALGI, AGA FOR R2

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Cause title — parties, addresses and appearances
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MRS. JUSTICE M.G. UMA REVIEW PETITION NO. 524 OF 2022 IN WRIT APPEAL NO.294 OF 2020 (T-RES) BETWEEN: M/S. JUWI INDIA RENEWABLE ENERGIES PVT. LTD. 3RD FLOOR, 2, YASHIKA 100 FEET ROAD MCHS JAKKUR LAYOUT WARD NO.7, JAKKUR BENGALURU URBAN BENGALURU-560 064 (REPRESENTED BY SRI MUNIRAJ T.M DIRECTOR) …PETITIONER (BY SHRI. C. INDRA KUMAR, ADVOCATE AND SHRI.Y.C. SHIVAKUMAR, ADVOCATE) AND: 1. THE UNION OF INDIA THROUGH ITS REVENUE SECRETARY DEPARTMENT OF REVENUE MINISTRY OF FINANCE 128-A NORTH BLOCK NEW DELHI-110 001 2. THE GOODS AND SERVICES TAX COUNCIL 5TH FLOOR, TOWER II JEEVAN BHARTI BUILDING Digitally signed by ANUSHA V Location: HIGH COURT OF KARNATAKA 2 JANPATH ROAD, CONNAUGHT PLACE NEW DELHI-110 001 3. I.T.GRIEVANCES REDRESSAL COMMITTEE THE GOODS AND SERVICES TAX COUNCIL SECRETARIAT 5TH FLOOR, TOWER II JEEVAN BHARTI BUILDING JANPATH ROAD CANNAUGHT PLACE NEW DELHI-110 001 4. THE CHIEF EXECUTIVE OFFICER GOODS AND SERVICE TAX NETWORK EAST WING, 4TH FLOOR WORLD MARK-1, AERO CITY NEW DELHI-110 037 … RESPONDENTS (BY SHRI. R. MADANAN PILLAI, ADVOCATE FOR R1; SHRI. JEEVAN J. NEERALGI, AGA FOR R2) THE REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED 23.02.2021 IN W.A.NO.294/2020 (T-RES) IN THE INTEREST OF JUSTICE AND EQUITY (ANNEXURE-B). THIS REVIEW PETITION, COMING ON FOR ORDERS, THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:

ORDER

Review petitioner had filed W.P.No.50914/2019 and the same was allowed on 26.11.2019. Union of India challenged the order passed in the writ petition in writ appeal. Review petitioner's case is, notice of writ appeal was not served on petitioner company. Writ appeal has been disposed of by a common order dated 23.02.2021. Assessee carried the matter to the Hon'ble Supreme Court in SLPs.No.32709-10/2018. The Apex Court has directed GST network to keep open

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common portal for filing TRAN-1 & 2 for two months between 01.09.2022 and 31.10.2022. 2. Shri Indra Kumar, learned advocate for the review petitioner submits that petitioner came to know of the order passed by the Division Bench of this Court in writ appeal after 31.03.2021. 3. Shri Jeevan Neeralgi, learned AGA submits that portal will be open as per the directions of the Hon'ble Supreme Court.

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In view of the above, no further orders is required in this review petition because petitioner can always avail the benefit and upload in the portal.

Review petition stands disposed of.

No costs. JUDGE JUDGE

AV List No.: 1 Sl No.: 21

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.