Octagon Communications Pvt Ltd vs Union Of India on 18 April, 2019
Gujarat High Court
Octagon Communications Pvt Ltd vs Union Of India on 18 April, 2019
- ench: Harsha Devani, Bhargav D. Karia
- /SCA/5873/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5873 of 2019
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OCTAGON COMMUNICATIONS PVT LTD
Versus
UNION OF INDIA
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Appearance:
UCHIT N SHETH(7336) for the Petitioner(s) No. 1,2
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 18/04/2019
ORAL ORDER
(PER : HONOURABLE MS.JUSTICE HARSHA DEVANI)
- Despite service of notice, there is no appearance on behalf of the respondents No.2 and 3.
- Mr. Uchit Sheth, learned advocate for the petitioner has submitted that there is no condition for making payment of tax as a pre-condition for filing return of Form GSTR-3B. It was submitted that in the absence of any such provision, the on- line system of the respondents which does not allow filing of returns without payment of tax liability admitted as per such returns is contrary to legal provisions. It was further submitted that if the petitioner is not able to file return in Form GSTR-3B by 20th April, 2019 the petitioner would be deprived of input tax credit.
C/SCA/5873/2019 ORDER
3. Having regard to the urgency of the matter and the fact that there is no response from the respondents No.2 and 3, by way of ad-interim relief, the petitioner is permitted to file manual returns in Form GSTR-3B for the months November, 2017 onwards, which would be subject to final outcome of the petition. Stand over to 13th June, 2019.
Indian Kanoon – http://indiankanoon.org/doc/17949811/ 1
Octagon Communications Pvt Ltd vs Union Of India on 18 April, 2019
Direct service is permitted today.
(HARSHA DEVANI, J) (BHARGAV D. KARIA, J) Z.G. SHAIKH
Indian Kanoon – http://indiankanoon.org/doc/17949811/ 2
