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        Case ID :

        2021 (8) TMI 973 - HC - GST

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        Court grants stay on recovery direction, allows amendment to petition, sets timeline for counter-affidavit filing The court granted a stay on the recovery direction and operation of the previous order, subject to the petitioner depositing the principal profiteered sum ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Court grants stay on recovery direction, allows amendment to petition, sets timeline for counter-affidavit filing

                              The court granted a stay on the recovery direction and operation of the previous order, subject to the petitioner depositing the principal profiteered sum with the Consumer Welfare Funds in installments. The petitioner assured compliance, leading to the court accepting the assurance. An amendment to the writ petition was allowed to include subsequent events, with no objections from the respondents' advocates. The respondents were granted liberty to file a counter-affidavit within four weeks, with the court scheduling the next hearing and ordering prompt upload of the order on the website and email copies to respective counsels.




                              Issues: Stay on recovery direction, Compliance with principal profiteered sum deposit, Amendment of writ petition, Granting liberty to file counter-affidavit.

                              Stay on Recovery Direction: The petitioner sought a stay on the direction given by Respondent No. 4 for the recovery of a specific amount from the petitioner's bank account. The court, considering previous cases, directed the petitioner to deposit the principal profiteered sum with the Consumer Welfare Funds in installments. The petitioner assured compliance with this direction, which was accepted by the court. Consequently, there was a stay on the recovery direction and the operation of the previous order, subject to the specified condition.

                              Compliance with Principal Profiteered Sum Deposit: The court directed the petitioner to deposit the principal profiteered sum with the Consumer Welfare Funds in installments, following the precedents set in previous cases. The petitioner's counsel assured the court of compliance with this direction. The court accepted this assurance, binding the petitioner to it and granting a stay on the recovery direction and the previous order, subject to compliance with the deposit condition.

                              Amendment of Writ Petition: Through an application, the petitioner sought to amend the writ petition to include subsequent events. The respondents' advocates had no objections to this amendment. Consequently, the court allowed the application, and the amended writ petition was taken on record, leading to the disposal of the application.

                              Granting Liberty to File Counter-Affidavit: The respondents were granted liberty to file a counter-affidavit within four weeks. The court scheduled the next hearing accordingly and ordered the upload of the order on the website promptly, with a copy sent to the respective counsels via email.
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                              ActsIncome Tax
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