M/S Adani Wilmar Limited vs. Union Of INDIA & Ors

WPA/17765/2019HC CalcuttaGSTCNR WBCHCA038051201921 September 2021Bench: HON'BLE JUSTICE MD. NIZAMUDDIN1 pages

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116 21-09-2021 AKG Ct. 2

WPA 17765 of 2019

M/s. Adani Wilmar Limited Versus Union of India & Ors. (Through Video Conference) Mr. Harish Bindumadhavan, Ms. Pooja Sah …For the Petitioner. Mr. Somnath Ganguli, Mr. B. P. Banerjee, Ms. Sabnam Basu, Ms. Priyamvada Singh …For the Respondents Mr. Sujit Mitra …For the Union of India. Both the parties are present and submit that the issue involved in this writ application is with regard to challenge of the constitutional validity of Rule 89 (5) of the CGST Rules, 2017 which has been upheld by the Hon’ble Supreme Court by its judgment dated September 13, 2021 in the case of Union of India & Ors. Vs. VKC Footsteps India Pvt. Ltd. (Civil Appeal No. 4810 of 2021). Taking judicial note of this fact, I find no merit in this writ application and accordingly, the writ application being WPA 17765 of 2021 is dismissed.

(Md. Nizamuddin, J.)

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