2016 (5) TMI 1236

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.... for vacating stay. 2. For the sake of convenience the facts are being taken from the W.P. No. 1421 of 2014. 3. The petitioner company has established an industrial unit in Indore Special Economic Zone Pithampur, District-Dhar, in the year 2003. Petitioner company submitted its return for the Financial Year 2004-05 under MPCT Act, 1994, CST Act as also MP Entry Tax Act, 1976. According to the returns, the entire sale was claimed as non-taxable on account of the petitioner's unit being located in SEZ, the goods manufactured therein being exempt from tax under SEZ policy announced by the State of M.P. Thus, no tax was deposited by the petitioner either under MPCT Act or CST Act or ET Act. Authorities initiated assessment proceedings....

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....2014. This Court while granting stay directed that the prayer for interim relief shall be considered after reply is filed by the State. After filing of reply, on 12.5.2014 the writ petition was admitted for final hearing and by order dated 13.8.2014 the Division Bench of this Court directed for listing the matter for final hearing at motion hearing stage. On 29.9.2014, when the matter was listed for final hearing at motion stage, this Court directed the Registry to list the matter for final hearing under caption "High Court Expedited Cases." On 15.3.2016 an objection was raised by learned Senior Counsel for the State and submitted that one hundred crores are outstanding against the petitioner and till today, the matter has not been heard fi....

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....pex Court in the case of Assistant Collector of Central Excise, Chandan Nagar Vs. Dunlop India Ltd. and others reported in AIR 1985 SC 330 and submitted that the Supreme Court also deprecated the practice of granting interim order which practically give the principal relief sought in the petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of other relevant considerations. In the matter of Dunlop India Ltd. (supra) a Bank Guarantee was furnished in lieu of the tax. The Apex Court has held that no government business or for that matter no business of any kind can be run on mere Bank Guarantee. Liquid cash is necessary for the run....