M/S Donaldson INDIA Filter Systems PVT. LTD. vs. Union Of INDIA And Others
Held
The Court has indicated that the detailed order for this review application is contained within another order passed on the same date in a related case (RA-CW-506-2019 in CWP No. 28203 of 2019, M/s Groupe SEB India Private Ltd. Vs. Union of India & Ors.). Therefore, the specific findings, reasoning, and ratio decidendi for this particular review application are not provided in this excerpt. The operative directions would be contingent on the findings in the referenced detailed order. It is not possible to determine which issues were expressly left undecided or what relief was granted based solely on this excerpt.
Facts
This judgment concerns multiple review applications filed by GST authorities seeking to review earlier orders passed by the High Court in various writ petitions. The original writ petitions were filed by different companies, including M/s Donaldson India Filter Systems Pvt. Ltd. The specific tax periods and amounts in dispute are not detailed in this excerpt. The procedural history involves the filing of writ petitions, the High Court passing orders, and subsequently the GST authorities filing review applications against those orders. The present excerpt indicates that the detailed order for this specific review application (RA No. 523 of 2019 in CWP No. 9173 of 2019) is to be found in a related case, RA-CW-506-2019 in CWP No. 28203 of 2019, titled M/s Groupe SEB India Private Ltd. Vs. Union of India & Ors.
Key Issues
The primary issue before the Court is whether the GST authorities have made out a case for reviewing the earlier orders passed by the High Court in the writ petitions. The specific grounds for review are not elaborated in this excerpt, but it is implied that the GST authorities are seeking to challenge the High Court's previous findings or directions. The GST authorities, as review applicants, would likely argue that there was an error apparent on the face of the record, or that some new and important matter has arisen which, after the exercise of due diligence, was not within their knowledge or could not be brought forward at the time when the order was made, or that there are other sufficient reasons for reviewing the order. The petitioners in the original writ petitions, as non-applicants in the review applications, would likely contend that no grounds for review are made out, that the review applications are an attempt to re-argue the original case, and that the High Court's earlier orders were correctly passed based on the facts and law presented.
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#1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Date of Decision:-10.01.2020 M/s Donaldson India Filter Systems Pvt. Ltd. ......Petitioner. Verus Union of India & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE LALIT BATRA Present:- Mr. Sunish Bindlish, Advocate & Mr. Sourabh Goel, Advocate for review applicants/ GST Authorities. Mr. Sanjay Bansal, Senior Advocate assisted by Mr. Amit Parsad, Advocate for the non applicant/Petitioner in RA-CW-557-2019 in CWP No.17676 of 2019. Mr. Surjeet Bhadu, Advocate & Mr. Veer Singh, Advocate for non applicant(s)/ Petitioner(s) in RA-CW-515-2019 in CWP No.5983 of 2019, RA-CW-501-2019 in CWP No.5977 & RA-CW-513-2019 in CWP No.4248 of 2019. Mr. Rakesh Sobti, Advocate for non applicant(s)/ Petitioner(s) in RA-CW-514 of 2019 in CWP No.24809 of 2019 & RA-CW-500-2019 in CWP No.25303 of 2019. Mr. Arjun Sheoran, Advocate for non applicant(s)/ Petitioner(s) in RA-CW-506 of 2019 in CWP No.28203 of 2019 . Mr. Balwinder Singh, Advocate for Mr. Rajiv Agnihotri, Advocate for non a
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