Written byShalini Ojha
Speaking to a bench headed by CJI Gogoi, an impassioned Venugopal said clients came from far to the court.
"As their counsel stands and you say, 'dismissed!'....This is not the way," he said.
"Clients come from far away, from thousands of miles away. They stand at the back and look at this court....as their counsel stands and you say, 'dismissed!'....This is not the way....Your Lordships have to hear completely! Please see the other courts," Venugopal said in court.
On Venugopal's advances, CJI Gogoi said, "Okay....We take what you are saying in a proper spirit. Please argue."
The case pertains to an SLP of 2015 which is pending before the SC. The petitioner has challenged the constitutional validity of Entry Tax Act.
The petition also challenges the demand raised by Rajasthan's Commercial Taxes Department, under the provisions of the Act.
In January 2015, the apex court granted a stay of 50% on the demand. But the court directed that remaining 50% should be deposited with a further amount of Bank Guarantee.
The petitioner M/S Bharti Hexacom Ltd, acted as told by the court.
But surprisingly, Assistant Commissioner, Commercial Taxes Department levied interests on the amount deposited, despite the matter being sub-judice.
In July, a division bench of Rajasthan Court ordered that interest can't be levied on the period during which stay was granted.
Inside court today, CJI Gogoi told Venugopal to not assume they have not done their reading.
On this, Venugopal said, "If Your Lordships had read it, you would have admitted it (the matter) straight away! It involves public money!"
Venugopal then questioned the reluctance of the bench in the matter knowing that it involved public money.
He urged the bench to not issue any notice, and just keep the SLP pending, a request which was accepted by the top court.
Notably, the SC rejected plea requesting an early hearing in Ayodhya case today and said the matter was already listed for January.
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