M/S MAHINDRA HOLIDAYS AND RESORTS LTD v. THE ASSISTANT COMMISONER, STATE EXCISE AND TAXES
CWP/76/2019 · 2025-07-01
Sushil Kukreja, Tarlok Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4797 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4797 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:20719-DB ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 76 of 2019 Decided on: 01.07.2025 ______________________________________________________________ M/s Mahindra Holidays & Resorts India Ltd. ....Petitioner Versus Assistant Commissioner, State Excise & Taxes & Anr. .…Respondents _ Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge. _______________________________________________________________ Whether approved for reporting?1 For the petitioner : Mr. Harish Bindumadhvan, Mr. Mahir Chablani & Ms. Disha Sain, Advocates (through video conferencing) with Mr. Lalit Kumar Sehgal, Advocate. For the respondents : Mr. Anup Rattan, Advocate General with Mr. I.N. Mehta, Senior Additional Advocate General, Mr. Ramakant Sharma, Mr. Navlesh Verma, Ms. Sharmila Patial, Mr. Sushant Keprate, Additional Advocates General and Mr. Raj Negi, Deputy Advocate General, for respondent No. 1 Mr. Vijay Kumar Arora, Senior Advocate with Ms. Godawari, Ms. Lalita Sharma, Mr. Gaurav Kumar, Mr. Hitansh Raj & Ms. Aastha Kohli, Advocates, for respondent No. 2. ...2... 1Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:20719-DB ) Tarlok Singh Chauhan
, Judge
(oral) The instant petition has been filed for grant of the following substantive reliefs:
“(I) Issue a writ/order/direction in the nature of certiorari or and/or any other appropriate Writ, order or direction quashing the Show Cause Notice No. EXN/KAN/CC II/13736, dated 10th October 2018, Summary of Show Cause Notice bearing reference No. EXN/KAN/CC II/13737, dated 10th October 2018, and Summary of statement bearing reference No. EXN/KAN/CCII/13738, dated 10th October 2018 and Notice bearing number EXN/KAN/CCII/20181915915 dated 21st December 2018 issued by the respondent No. 1 and any consequential actions pursuant thereto; (ii) Issue a writ/order/direction in the nature of mandamus or and/or any other appropriate writ, order or direction directing the respondent No. 2 to issue appropriate clarification to clarify the instance of GST on timeshare arrangements.”
2. It is not in dispute that the petitioner has every right to file replies to the show cause notices that have been issued in Form GST DRC01 and Form GST DRC02. 3. It is not for the Court to prejudge the issue at this stage, especially when relevant facts are not before us. 4. In this view of the matter, we deem it appropriate to dispose of this petition by directing the petitioner to file replies to the aforesaid show cause notices.
The replies be filed on or before 31.07.2025, which shall be considered by the
( 2025:HHC:20719-DB ) ….3... 1st respondent, who after hearing both the parties shall make an endeavour to decide the lis as expeditiously as possible and in no event later than 31.12.2025. Ordered accordingly. Parties to bear their own costs. 5. The formal appearance by both the parties shall be put in before the 1st respondent on 07.07.2025. Pending application(s), if any, stands disposed of. ( Tarlok Singh Chauhan ) Judge ( Sushil Kukreja ) 1st July, 2025 Judge (raman)