TMI Blog2022 (7) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... ing, petitioner wishes to file written submissions, the same shall be filed within three working days thereafter. Mr. Shah states that petitioner will co-operate with respondents and attend the hearing and will not seek any adjournment. - WRIT PETITION NO. 2763 OF 2021 - - - Dated:- 27-6-2022 - K. R. SHRIRAM MILIND N. JADHAV, JJ. Mr. Rohan P. Shah a/w. Sri Sabari Rajan anda Shubham Morarka i/by Vashi and Vashi for the Petitioner Mr. V.A. Sonpal, Special Counsel a/w. Ms. Jyoti Chavan, AGP for Respondent - State P.C . : 1. Petitioner has approached this court seeking a direction to respondents to refund the CST, interest and penal interest of Rs.14.41 crore paid for F.Y. 2011-12 to F.Y. 2016-17. 2. This is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment would be done expeditiously and if on assessment the petitioners are found entitled to refund, the same shall be granted in accordance with law. 3. We accept the above statement on behalf of the Revenue. 4. In view of the above, Mr. Shah, learned Counsel appearing in support of the petition, on instructions, seeks to withdraw this petition. However, he seeks liberty to urge the contentions raised herein before the Authorities, who are in the process of assessing the revised returns / regular returns for the Financial Years 2011-12 to 2016-17. 5. Liberty as sought is granted. 6. In the above view, the petition is disposed as withdrawn with the aforesaid liberty. 7. All the contentions of the parties are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n submissions, the same shall be filed within three working days thereafter. 9. Mr. Shah states that petitioner will co-operate with respondents and attend the hearing and will not seek any adjournment. 10. In view of the above, Mr. Shah appearing for the petitioner undertakes to withdraw the petition. Petition stands disposed as withdrawn. We make it clear that we have not made any comments on the merits of the matter. 11. At this stage, Mr. Shah states that there is a separate order dated 12.05.2021 passed in respect of F.Y. 2016-17 where the facts are identical, in which also refund issue has not been considered. Mr. Shah states that if the court can quash that order also and remand for de novo consideration to the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X
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