M/S Vinay Jain Kumar Jain Bearing GST No. Acopjczb vs. The State Of Madhya Pradesh

WP/3302/2025HC Madhya PradeshGST07 February 2025Bench: HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI2 pages
For Petitioner: Sonali PandeyFor Respondent: Advocate General
AI SummaryRemanded

Held

The Court disposed of the writ petition by directing the respondents to decide the representation of the petitioner dated December 2, 2024, in accordance with the law. The Court clarified that it would be open to the petitioner to avail further remedies as permissible in law if they were aggrieved by the decision on their representation. The Court did not make any finding on the merits of the alleged admitted liability of the difference in GST amount, nor did it direct the release of any such amount. The primary decision was to direct the authorities to consider and decide the petitioner's pending representation.

Facts

The petitioner, M/s Vinay Jain Kumar Jain, filed a writ petition before the Madhya Pradesh High Court seeking a direction to the respondents (State of Madhya Pradesh and others) to release the alleged admitted liability of the difference in GST amount. The petitioner's counsel stated that they would be satisfied if a direction was issued to the respondents to decide the petitioner's representation dated December 2, 2024. The petition was filed on February 7, 2025.

Key Issues

1. Whether the Court should direct the respondents to release the alleged admitted liability of the difference of GST amount, as sought by the petitioner? Petitioner's Contention: The petitioner sought a direction for the release of the admitted GST liability. However, the petitioner's counsel later submitted that they would be satisfied with a direction to the respondents to decide their representation dated December 2, 2024. Respondents' Contention: The judgment records no specific argument from the respondents regarding the release of admitted liability or the decision on the representation.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJEEV SACHDEVA & HON'BLE SHRI JUSTICE VINAY SARAF ON THE 7th OF FEBRUARY, 2025 WRIT PETITION No. 3302 of 2025 M/S VINAY JAIN KUMAR JAIN BEARING GST NO. ACOPJCZB Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance: Shri Akshay Khandelwal - advocate for petitioner. Shri R.D. Padhraha - Government Advocate for respondent/State.

ORDER Per: Justice Sanjeev Sachdeva Subject petition has been filed by the petitioner seeking a direction to respondents to release the alleged admitted liability of difference of GST amount.

Learned counsel for petitioner submits that he would be satisfied in case a direction is issued to the respondents to decide the representation of petitioner dated 02.12.2024. In view of above, petition is disposed of directing the respondents to decide the representation of the petitioner dated 02.12.2024 in accordance with law.

It is clarified that it would be open to the petitioner to avail of further remedy as may be permissible in law in case aggrieved by the decision on 1 WP-3302-2025 Signed by: RAVIKANT KEWAT Signing time: 07-02-2025 17:33:01 Signature Not Verifie

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