PRESIDENT TRADE AND EXIM CORPORATION vs STATE OF MAHARASHTRA

Judgment text excerpt

914- WP--5048-25.DOC JYOTI RAJESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY MANE ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by JYOTI RAJESH MANE Date: 2026.03.12 15:11:22 +0530 WRIT PETITION NO. 5048 OF 2025 President Trade And Exim Corporation H/5, Gupta Warehousing Complex, Mankoli Village, Dapode, Bhiwandi- 421302 ...Petitioner Versus 1. The State of Maharashtra Through Government Pleader, Original Side, Bombay High Court. 2. The Assistant Commissioner of State Tax, MUM-VAT-D-814, GST Bhavan, Mazgaon, Mumbai. 3. The Joint Commissioner of State Tax Nodal Division-01, E-12, 5th Floor, New Building, GST Bhavan, Mazgaon, Mumbai. 4. The Commissioner of State Tax (Maharashtra), 8th Floor, GST Bhavan, Mazgaon, Mumbai. ...Respondents _______ Mr. Manohar Samal a/w. Ms. Ruchi Rathod and Ms. Aishwarya Jain i/b. Mr. Ratan Samal, for Petitioner. Ms. Naira Jeejeebhoy, Spl.Counsel a/w. Ms. Jyoti Chavan, Addl.G.P. and Mr. Amar Mishra, AGP for Respondent – State. _______ CORAM : G. S. KULKARNI & AARTI SATHE, JJ. RESERVED ON : 12 FEBRUARY 2026 PRONOUNCED ON : 12 MARCH, 2026 JUDGMENT:- (PER : AARTI SATHE, J) 1. Rule. Rule made returnable forthwith. By consent of the parties, taken up for final hearing at the stage of admission. Page 1 of 28 Mane 914- WP--5048-25.DOC 2. By this Petition under Article 226 of the Constitution of India, the Petitioner seeks to challenge the settlement order dated 18 th April 2024 passed by Respondent No. 2 whereby the refund for the tax period 2007–08 has been adjusted against the tax demand for the tax period 2008–09. According to the Petitioner, such adjustment has been made despite there being no pending dues for recovery, by invocation of the proviso to Section 50(1) of the Maharashtra Value Added Tax Act, 2002 (“MVAT Act”) which is wholly u