M/S JORABAT SHILLONG EXPRESSWAY LIMITED v. UNION OF INDIA AND 6 ORS.
MC(WPC)/178/2025 · 2025-10-16
B Bhattacharjee, H S Thangkhiew
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 1572 (MEG) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1572 (MEG) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 03 Regular List
HIGH COURT OF MEGHALAYA AT SHILLONG
MC (WPC) No. 178 of 2025 in WP(C) No. 245 of 2024
Date of Order: 16.10.2025
M/s Jorabat Shillong Expressway Limited through its Authorised Representative, Umjarasi, Nongthymmai, Nongpoh Meghalaya-783102, GSTIN: 17AACCJ3827H12L. …. Petitioner(s)/Applicant(s)
Versus
1. Union of India through The Secretary, Ministry of Finance, Department of Revenue, North Block, Government of India, New Delhi-110001
2. The State of Meghalaya through The Secretary, Finance Department, Government of Meghalaya, Room No. 305, Additional Secretariat Building, Shillong-793001. 3. The Central Board of Indirect Taxes and Customs, Ministry of Finance, Department of Revenue, North Block, New Delhi. 4. The Additional Director, Directorate of General of Goods & Services Taxe Intelligence, Shillong Regional Unit, 3rd Floor, Old Arunachal Pradesh Secretariat Building, Shillong-793001. 2025:MLHC:988-DB
5. The Additional Commissioner of Central Goods and Services Tax, Shillong Commissionerate, Crecens Building, M.G. Road, Shillong-793001. 6. Goods and Service Tax Council through its Chairperson, 5th Floor, Tower II, Jeevan Bharti Building Janpath Road, Connaught Place, New Delhi-110001. 7. The Secretary to the Government of Meghalaya, Excise, Registration, Taxation and Stamps Department, Shillong. Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge Hon’ble Mr. Justice B. Bhattacharjee, Judge
Appearance: For the Petitioner(s)/Applicant(s): Mr. S. Ghosh, Sr. Adv. with
Ms. M. Waraich, Adv. Ms. A. Agarwal, Adv. Mr. Philemon Nongbri, Adv. Mr. E. Lalsangluaia, Adv. For the Respondent(s) : Dr. N. Mozika, DSGI with
Ms. M. Myrchiang, Adv. (For R 1,3&5)
Mr. N. Syngkon, GA with
Mr. J.N. Rynjah, GA (For R 2&7)
i) Whether approved for reporting in
Yes/No
Law journals etc:
ii) Whether approved for publication
Yes/No
in press:
2025:MLHC:988-DB
Per. H.S. Thangkhiew, Judge: (ORAL)
1. An affidavit has been filed by State respondents indicating that the amount was recovered inadvertently, and that the same was unintentional on the part of the respondents. 2. A statement is made at Para-4 of the affidavit, which is reproduced hereinbelow: -
“4. That the said deduction made by the enforcement branch being unintentional and for lack of knowledge about the court order, the same can now be reverted back to the applicant in case any such direction is given by this court.”
3.
In view of the averments made in the affidavit, the respondents are directed to revert the amount to the applicant, within a period of 1(one) week, from the date of receipt of a copy of this order. 4. The Misc. Case stands disposed of. (B. Bhattacharjee)
(H.S. Thangkhiew) Judge
Judge
Meghalaya 16.10.2025
“V. Lyndem PS”
2025:MLHC:988-DB Digitally signed by VALENTINO LYNDEM Date: 2025.10.16 17:05:20 IST