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2018 Supreme(Jhk) 1356

RAJESH SHANKAR
Gautam Coal Works Pvt. Ltd. – Appellant
Versus
Union of India through Principal Chief Commissioner of Income Tax – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sumeet Gadodia.
For the Respondents: Mr. Rajiv Sinha, Mr. Deepak Roshan, Mr. Anoop Kr. Mehta.

ORDER :

1. The present writ petition originally was filed under the nomenclature - WP (T) making prayer against the Income Tax authorities only i.e. for declaration that they did not have any jurisdiction to direct the Central Coalfields Limited (in short ‘CCL’) to withdraw and/or suspend the supply of coal to the petitioner pursuant to the existing Fuel Supply Agreement (in short ‘FSA’) entered by and between the petitioner and the CCL.

2. The matter was listed before the Division Bench of this court and vide order dated 16.08.2018, the petitioner was directed to add the CCL as party-respondent. Accordingly, the CCL was added as respondent no. 3 in the present case. Subsequently, the learned Division Bench vide order dated 01.10.2018 observing inter-alia that the present matter does not come within the ambit of tax matter, directed to place this writ petition before appropriate Bench as per the present roster. Consequently, the writ petition has been placed before this Bench.

3. I.A. No. 9439 of 2018 has been filed by the petitioner seeking deletion of respondent nos. 1 and 2 from the array of the respondents and thus the grievance of the petitioner rests only against the respondent-






































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