M/S Vg Infraventures PVT LTD vs. The State Of Madhya Pradesh
Held
The Court disposed of the writ petition without delving into the merits of the petitioner's claim. The Court directed that if the petitioner files a fresh representation within 15 days from the date of the order, along with a copy of the order, to respondents No. 1 to 9, the same shall be considered and decided concerning the balance GST amount of Rs. 1,50,19,053/-. The Court further stipulated that in case the amount claimed is undisputed and due, it shall be released. Alternatively, if there is any legal impediment to releasing the amount, a speaking order assigning reasons for declining the claim must be passed within 30 days from the receipt of the representation. The ratio decidendi is that administrative authorities must address pending claims within a stipulated timeframe, providing reasoned orders where claims are rejected.
Facts
The petitioner, M/s VG Infraventures Pvt Ltd, filed a writ petition before the Madhya Pradesh High Court at Jabalpur. The petitioner's grievance was that out of a total GST liability of Rs. 4,50,57,150/- which was deposited, only Rs. 3,00,38,097/- was released by the respondents. The remaining amount of Rs. 1,50,19,053/- was allegedly withheld. The petitioner had made representations and issued a legal notice dated 12.02.2024 seeking the release of the balance amount, but these were not acted upon. The State's counsel had no objection if the petition was disposed of with a direction to the competent authority to decide the claim.
Key Issues
1. Whether the Court should direct the competent authority to decide the petitioner's claim for the release of the balance GST amount, considering the petitioner has already made representations and issued a legal notice. Petitioner's contention: The petitioner argued that they have deposited the entire GST liability and that a significant portion of the deposited amount has been unduly withheld without proper justification. They have exhausted available administrative remedies by filing representations and a legal notice, which have not yielded any positive result. Therefore, judicial intervention is necessary to ensure the release of the due amount or a reasoned order explaining any impediment. Revenue/State's contention: The learned Government Advocate for the State stated that they have no objection to the petition being disposed of with a direction to the competent authority to decide the claim for the release of the balance amount. No specific arguments were recorded on the merits of the withheld amount.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Per: Justice Sushrut Arvind Dharmadhikari Short grievance of petitioner in the present case is that out of total GST liability to the tune of Rs.4,50,57,150/- which was duly deposited by petitioner in favour of respondent No.10, only an amount of Rs.3,00,38,097/- has been released by allegedly unduly withholding remaining amount of Rs.1,50,19,053/- for the release of which petitioner preferred representation- Legal Notice dated 12.02.2024 (Annexure - P/11) and representations Annexure - P/6 & P/7 but to no avail.
Learned Government Advocate for State has no objection if petition is disposed of with a direction to the competent authority to decide the said claim for release of the balance amount.
Consequently, without
The judgment continues below.
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