M/S.Bharat Motors LTD. vs. Union Of INDIA
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20.03.2019 Heard learned counsel for the petitioner.
By way of this writ petition, the petitioner has prayed for the following relief:
“UNDER THE ABOVE CIRCUMSTANCES, it is humbly prayed that your Lordships shall be graciously pleased to admit this petition, call for and peruse the connected records and after hearing the petitioner’s Counsel, be further pleased to :- I) Issue a Writ in the nature of Mandamus directing the juri ictional Commissioner of CT & GST, Odisha, the Opp. Party No.4 to recommend the petitioner’s case to the IT-GRC through GSTN pertaining to revised GST Tran- 1 Return for redressal as per letter dated 16.01.2019 under Annexure-7; II) Issue a Writ in the nature of Mandamus directing the Opp. Party No.4 to transmit the application dated 03.10.2011 under Annexure- 5 Series along with the details of the invoices relating to input tax credit being the transitional credit to the GST Council, the Opp. Party No.2 for grant of ITC; III) Issue a Writ in the nature of Mandamus directing the Opp. Parties to release the input tax credit being the transitional credit, as detailed in Annexure-5 Series within a stipulated period; IV) Issue any such other writ(s) or pass such other order(s) as deem just and proper in the interest of justice; V) Allow this petition with costs;”
During course of hearing, learned counsel for the petitioner states that the petitioner has filed a representation on 03.10.2018 to the Commissioner of CT & GST Odisha- opposite party No.4 vide Annexure-5 series which is pending for consideration. Hence, he prays for a direction for early disposal of such representation.
Considering the limited nature of grievance and without expressing any opinion on the merits of the case, the W.P.(C) No.4899 of 2019
-2- writ petition is disposed of with a direction to the opposite party Nos.2 and 4 to consider and dispose of the representation of the petitioner dated 3.10.2018 vide Annexure-5 series on its own merit within a period of four weeks from the date of receipt of a certified copy of this order, if the same is still pending.
Urgent certified copy of this order be granted on proper application.
.……..........………… ( K.S. Jhaveri ) Chief Justice
……………….…….. ( K.R. Mohapatra ) Judge
AKK
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.