M/S Paliya Construction vs. The State Of Madhya Pradesh

WP/3305/2025HC Madhya PradeshGST07 February 2025Bench: HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI2 pages
For Petitioner: Akshay KhandelwalFor 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 5, 2024, in accordance with the law. The Court clarified that it would be open for the petitioner to avail further remedies as permissible in law if they are aggrieved by the decision on their representation. The specific issue of releasing the admitted GST liability was not decided on merits, as the petitioner sought a direction for the decision of their representation. The reasoning is based on the petitioner's submission to be satisfied with the decision on their representation.

Facts

The petitioner, M/s Paliya Construction, filed a writ petition before the Madhya Pradesh High Court seeking a direction to the respondents (State of Madhya Pradesh and others) to release an alleged admitted liability of a 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 5, 2024. The petition was filed on February 7, 2025.

Key Issues

1. Whether the Court should issue a direction to the respondents to release the admitted liability of the difference of GST amount, as per Section [specific section not mentioned] of the CGST Act/MPGST Act. Contentions: Petitioner: Submitted that they would be satisfied with a direction to the respondents to decide their representation dated December 5, 2024, concerning the admitted GST liability. Revenue/State: No specific arguments were recorded in the judgment regarding the release of the admitted liability or the decision on the representation.

Sections Cited

CGST Act, MPGST Act

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. 3305 of 2025 M/S PALIYA CONSTRUCTION Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance: Shri Akshay Khandelwal - advocate for petitioner. Shri R.D. Padhraha - Government Advocate for respondents/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 05.12.2024.

In view of above, petition is disposed of directing the respondents to decide the representation of the petitioner dated 05.12.2024 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-3305-2025 NEUTRAL CITATION NO. 2025:MPHC-JBP:5977 Signed by: RAVIKANT KEWAT Signing time: 07-02-2025 17:33:01 Signatur

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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.