New Delhi: The Supreme Court on Tuesday sought a response of the Centre and the attorney general (AG) on Mayawati government’s appeal challenging a stay imposed by Allahabad high court on the Rs724 crore VAT levied on Reliance Industries Limited (RIL) for sale of gas in Uttar Pradesh.
A bench of justices Altamas Kabir and SS Nijjar sought the response after senior counsel Harish Salve, appearing for RIL, sought issuance of notices to the two as the issue involved larger question of taxation laws.
In its appeal, the UP government, through counsel Gunnam Venkateswara Rao, assailed 26 July order of the HC staying the levy for 2009-2010 on RIL’s petition without giving an opportunity to file its counter affidavit.
“It is submitted that the impugned interim order is contrary to the settled principle of law that the judicial courts should refrain from passing such interim orders which amount to final in nature, which may or may not be passed after hearing the contesting parties.
“It is further submitted that by the impugned interim order, the Hon’ble High Court had indirectly stayed a huge amount of tax without obtaining any security from the respondent to safeguard the demand created by way of provisional assessment orders passed against the respondent (RIL),” the appeal said.