HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION Nos.2588 AND 3087 OF 2020 COMMON ORDER: (Per Sri Justice M.S.Ramachandra Rao)
Heard learned counsel for the petitioners and the learned counsel for the respondents.
2. In both these Writ Petitions, notices issued by the National Anti-
Profiteering Authority (GST) (4 respondent) on 16.12.2019 and
24.12.2019 and notices dt.8.7.2019 issued to both petitioners by the Director General of Anti-Profiteering (2 respondent) are assailed.
3. A similar writ petition i.e. W.P. No.18660 of 2020 assailing a
similar notice had been disposed of by our Division Bench on
10.03.2021 directing the respective petitioners to submit explanation to
the notice issued by the 4 respondent within four (4) weeks and
permitting the petitioner to take all defences available to him at law in
the said explanation. The 4 respondent was directed to consider the
explanation submitted by the petitioner and pass a reasoned order in
accordance with law and communicate it to the petitioner. It was also
mentioned that in the event the petitioner seeks a hearing either virtually
or physically before the 4 respondent, such request be considered by 4 respondent.
4. Counsel on either side state that these two Writ Petitions i.e. W.P.
No.2588 of 2020 and W.P. No.3087 of 2020 be also disposed of with
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similar directions. Counsel for the petitioners requested that instead of
four (4) weeks time, eight (8) weeks time be given for submitting the
explanations in view Covid-19 pandemic situation prevailing in the country.
5. Having regard to the said submissions of both sides, these two
Writ Petitions are also disposed of directing the respective petitioners to
submit explanations to the notices dated 16.12.2019 and 24.12.2019
issued by the 4 respondent within a period of eight (8) weeks from
today. The petitioners are also permitted to take all defences available to
them at law in the said explanations. The 4 respondent is directed to
consider the same and pass a reasoned order in accordance with law and
communicate it to the petitioners. In the event the petitioners seek a
hearing either virtually or physically before the 4 respondent, such request be considered by 4 respondent.
6. We make it clear that we have not made any observations on the
contentions of either of the parties. The interim orders granted earlier shall stand vacated.
- Both the writ petitions are disposed of accordingly.
- Pending miscellaneous petitions, if any, shall also stand dismissed. No costs.
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M.S.RAMACHANDRA RAO, J
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T.VINOD KUMAR, J
June 03, 2021
KTL
