Simplex ga 9

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Razack contends that in the writ-application the writ- petitioner has challenged the legality of the notification granting exemption and, therefore, so long the notification is not declared ultra vires Article 14 of the Constitution of India, there was no question of giving unconditional benefit of exemption by ignoring the terms of notification issued in terms of Section 93 1 of the Finance Act, Being dissatisfied, the writ-petitioner has come up with the present appeal. R 3 Delhi relied upon by Dr. It is needles to mention that any collection of revenue made on the basis of any provision which is subsequently declared as ultra vires the Constitution of India, should be refunded and at the stage of disposing of the writ-application, the Court can pass appropriate order compensating the person who has paid the revenue on the basis of such ultra vires provision. Pal, the Delhi High Court has followed the abovementioned Madras decision but has not considered the question of balance of convenience and inconvenience. On consideration of the entire materials on record, we, thus, find that this appeal is devoid of any substance and is consequently dismissed. In this case, on the prayer of the appellant, the time was extended and the respondents were restrained from taking coercive measure against the appellant.

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    Urgent photostat certified copy of this judgment and order be made available to the parties, if applied for, within Tuesday In this type of a matter, if merely on the basis of recording a prima facie case without taking into consideration the balance of convenience and inconvenience or the case of irreparable injury of the applicant, an injunction is passed restraining the Government from realizing revenue, it will be prejudicial to the interest of the nation itself.

    Razack contends that in the writ-application the writ- petitioner has challenged the legality of the notification granting exemption and, therefore, so long the notification is not declared ultra vires Article 14 of the Constitution of India, there was no question of giving unconditional benefit of exemption by ignoring the terms of notification issued in terms of Section 93 1 of the Finance Act, It was further made clear that the payment so made and the order passed was without prejudice to the rights and contentions of the parties and subject to final order that might be passed.

    Patel, CJ.

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    In this type of a matter, if merely on the basis of recording a prima facie case without taking into consideration the balance of convenience and inconvenience or the case of irreparable injury of the applicant, an injunction is passed restraining the Government from realizing revenue, it will be prejudicial to the interest of the nation itself.

    Farook M. It was further made clear that the payment so made and the order passed was without prejudice to the rights and contentions of the parties and subject to final order that might be passed. On consideration of the entire materials on record, we, thus, find that this appeal is devoid of any substance and is consequently dismissed.

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    Being dissatisfied, the writ-petitioner has come up with the present appeal. Pal, we find that by an order consisting of two paragraphs, the learned Single Judge after recording prima facie case of the petitioner granted an ad interim order of injunction without considering the question of balance of convenience and inconvenience. Razack that the writ- petitioner, having taken benefit of extension of time for depositing the amount on the basis of the prayer made by his own counsel, should not be permitted to dispute the correctness of the order of modification.

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    Being dissatisfied, the writ-petitioner has come up with the present appeal.

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    Razack, therefore, prays for dismissing the appeal. In the facts and circumstances, there will be, however, no order as to costs.

    In this case, on the prayer of the appellant, the time was extended and the respondents were restrained from taking coercive measure against the appellant.

    We are of the view that in a revenue matter, when a particular provision has been challenged as ultra vires the provision of the Constitution, the Court, on mere finding of prima facie case, should not grant unconditional injunction restraining the government from 8 collecting revenue on the basis of such provision impugned without making adequate protection of realization of the same in the event the challenge fails by putting the petitioner on terms.

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    Pal that merely because in a pending litigation relating to similar demand for a previous year the learned Judge has passed unconditional interim order, such order should also be passed in the subsequent litigation between the parties for the simple reason that for not preferring any appeal against an erroneous interim order in respect of demand of previous year, the Revenue is not bound by that decision in respect of demand for a subsequent year.

    In this type of a matter, if merely on the basis of recording a prima facie case without taking into consideration the balance of convenience and inconvenience or the case of irreparable injury of the applicant, an injunction is passed restraining the Government from realizing revenue, it will be prejudicial to the interest of the nation itself.

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    Pal next contends that in an earlier writ-application filed by his client in respect of demand for the earlier period, the same learned Single Judge passed an interim order directing the respondents not to include, for the purpose of taxable service, the supply of free material to the petitioner without imposing any condition and, thus, the learned Single Judge should have modified the order dated 23rd February, in tune with the earlier order passed in respect of the writ-application challenging demand for a previous year.

    It further appears that on the prayer of the learned senior advocate appearing on behalf of the writ-petitioner, the learned Single Judge extended the time for deposit of the amount mentioned in the order dated 23rd April, till 7th May, and further restrained the respondents from taking any coercive action till 11th May, Farook M.

    Union of India reported in 11 S.

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    Pal contends that his client challenged the legality of the notification and in the said paragraph 32 of the application disputed the demand of Rs.

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