Joyguru Krishan Seva Kendra vs. Union Of INDIA And Ors.

WPA/1270/2024HC CalcuttaGSTCNR WBCHCA002656202405 February 2024Bench: HON'BLE JUSTICE MD. NIZAMUDDIN2 pages
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Facts

The petitioner, M/s. Joyguru Krishan Seva Kendra, approached the High Court, leading to an order dated February 5, 2024. This order directed the respondent CGST authority to conclude adjudication proceedings within four weeks. The respondent CGST authority subsequently filed an application (CAN 1 of 2024) seeking an extension of time for compliance with the court's previous order. The authority provided an explanation for the delay in concluding the proceedings within the stipulated period.

Held

The Court considered the explanation provided by the respondent CGST authority in their application (CAN 1 of 2024) for the delay in complying with the order dated February 5, 2024. The Court found the explanation to be satisfactory. Consequently, the application for extension of time was allowed. The Court extended the time for the respondent authority to comply with the order of February 5, 2024, by six weeks from the date of the current order, granting this as a last chance. The application was disposed of accordingly. No specific issues regarding GST law or the adjudication itself were decided, as the matter concerned an extension of time for procedural compliance.

Key Issues

1. Whether the explanation provided by the respondent CGST authority for non-compliance with the court's order dated February 5, 2024, within the stipulated four weeks is satisfactory? Petitioner's Argument: The judgment does not record any specific arguments made by the petitioner regarding the extension application. Revenue's Argument: The respondent CGST authority argued that the explanation provided in their application (CAN 1 of 2024) for not concluding the adjudication proceeding within the time stipulated by the court's order dated February 5, 2024, was satisfactory.

AI-generated summary — verify with the full judgment below

Court No. 2 22.03.2024 (AD 17) (S. Banerjee) WPA 1270 of 2024 M/s. Joyguru Krishan Seva Kendra Vs. Union of India & Ors. CAN 1 of 2024 Mr. Pradip Kumar Das Ms. Ankita Mitra Mr. Subrata Mukherjee … for the petitioner Mr. Debasish Chaudhuri Mr. Soumen Bhattacharya … for the Union of India Mr. K. K. Maiti … for the applicant Re: CAN 1 of 2024 This is an application filed by the respondent CGST authority for extension of time for compliance of the order of this court dated 5th February, 2024 by which the respondent authority concerned was asked to conclude the adjudication proceeding within four weeks. Considering the explanation given in this application by the authority concerned for not concluding the proceeding within the time stipulated, I find the same satisfactory. Accordingly, this application, being CAN 1 of 2024, is allowed by extending the time to comply with the order of this court dated 5th February, 2024 by six weeks from date as a last chance. Accordingly, this application is disposed of. (Md. Nizamuddin, J.) 2

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