SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Jhk) 671

RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Atibir Industries Company Ltd. – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kartik Kurmy, Advocate, Mr. Sumeet Gadodia, Advocate, Mrs. Shilpi Sandil Gadodia, Advocate, Mr. Ritesh Kumar Gupta, Advocate
For the Respondent: Mr. Sachin Kumar, AAG-II

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties.

2. Petitioner has filed the instant writ application primarily praying therein for the following reliefs:-

    (i) For issuance of an appropriate writ/order/direction, including Writ of Declaration, declaring that amendment carried out vide Notification dated 7th March, 2019 (Annexure-4) by the Department of Industries, Government of Jharkhand to Clause 7.5 of The Jharkhand Industrial Investment and Promotion Policy, 2016 (for short ‘Policy of 2016’), wherein an ‘Explanation’ has been inserted to define the term ‘State GST paid on Intrastate sale subject to tax realization in the State Government Treasury’ in alleged exercise of power under Clause 10.7 of the Policy of 2016, has an effect of imposing additional restriction and/or condition nullifying the effect of the Policy of 2016 and is, thus, wholly without jurisdiction and beyond the power of the Department of Industries which is only entitled under Clause 10.7 to lay down guidelines and/or issue statutory Notification for giving effect to the provisions of the Po

                                Click Here to Read the rest of this document
                                1
                                2
                                3
                                4
                                5
                                6
                                7
                                8
                                9
                                10
                                11
                                SupremeToday Portrait Ad
                                supreme today icon
                                logo-black

                                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                Please visit our Training & Support
                                Center or Contact Us for assistance

                                qr

                                Scan Me!

                                India’s Legal research and Law Firm App, Download now!

                                For Daily Legal Updates, Join us on :

                                whatsapp-icon telegram-icon
                                whatsapp-icon Back to top