Page 94 - GSTL_3rd September 2020_Vol 40_Part 1
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28                            GST LAW TIMES                      [ Vol. 40
                                     by the Designated Committee along with personal hearing of the petitioner. The
                                     petitioner’s contention is that both the applications which were filed by the peti-
                                     tioner are on the same footing and therefore it is arbitrary and unjust for the re-
                                     spondent authorities to allow in one and reject the other. The petitioner submits
                                     that the same is in violation and in conflict with the provisions of the scheme and
                                     therefore contrary to the very purpose of the scheme for which it was introduced
                                     by the Government of India.
                                            9.  The petitioners also question the rejection of his application form to
                                     be violative of the Rules framed for implementing the schemes. Accordingly the
                                     present writ  petition has  been filed seeking a direction for setting aside  and
                                     quashing the rejection of the petitioner’s application for relief under the scheme
                                     and a further direction the respondent authorities to permit the petitioner to be
                                     afforded an opportunity of being heard.
                                            10.  Mr. S.C. Keyal, Learned Counsel for the respondents submits that
                                     on similar issues a Coordinate Bench has already disposed of a similar writ peti-
                                     tion being W.P. (C) No. 2149/2020 passed in Assam Cricket Association v. The Un-
                                     ion of India & 4 Ors. [2020 (38) G.S.T.L. 579 (Gau.)] Mr. Keyal submits that by this
                                     order this Hon’ble Court has remanded the matter back to the authorities con-
                                     cerned.
                                            11.  Mr. Sharma Learned Counsel  for the petitioners is in  agreement
                                     with the submissions made by Mr. Keyal that the present writ petition can also
                                     be disposed of vide the order dated 25-2-2020  in passed  in WP (C) No.
                                     2149/2020. Accordingly, the impugned order dated 21-12-2019 (Annexure-K) is
                                     set aside, and the matter is remanded back to the authorities to reconsider the
                                     application/declaration  furnished  by   the   petitioner  being   ARN
                                     LD2112190002384, dated 21-12-2019  and  pass  appropriate orders thereon  in
                                     terms of the scheme and the rules framed thereunder. If the authorities require a
                                     fresh declaration then they shall permit  the petitioner to file such declaration
                                     afresh.
                                            12.  The writ petition is accordingly disposed of and the respondent au-
                                     thorities are directed to pass required order on the application/declaration sub-
                                     mitted by the writ petitioner within a period of 2 months from the date of the
                                     receipt of the certified copy of this order.
                                            13.  Writ petition is accordingly disposed of.
                                            14.  No order as to Cost.
                                                                     _______
                                                        2020 (40) G.S.T.L. 28 (Mad.)
                                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                                  C. Saravanan, J.
                                                                 S.J. MOVERS
                                                                      Versus
                                             COMMISSIONER OF CENTRAL EXCISE, SALEM
                                           W.P. No. 39960 of 2015 and M.P. No. 1 of 2015, decided on 11-2-2020
                                            Writ jurisdiction - Alternate remedy, availability of - Quantification of
                                     demand under Supply of Tangible Goods head disputed - Petitioner arguing


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