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ATHARVAN MINERALS PVT LTD vs. UNION OF INDIA & OTHERS
(Bombay High Court)

Hon'ble Judges:

SONAK
JITENDRA JAIN
Pet. Counsel
Prathamesh Kamat
Kayush Zaiwalla
Res. Counsel
Karan P Adik
Niyati Mankad

Petitioner / Applicant

ATHARVAN MINERALS PVT LTD
Respondent UNION OF INDIA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Nov 13, 2024
Order No.

WRIT PETITION NO. 12695 OF 2024

Citation

2024(11) TAXREPLY 11754
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ORDER

PC:- 1. Heard learned Counsel for the parties. 2. This Petition challenges the order dated 30 May 2024 passed by the Joint Commissioner of CGST and Central Excise. 3. Admittedly, the impugned order dated 30 May 2024 is appealable under the provisions of the CGST Act. Accordingly, we are quite surprised with the first sentence in paragraph 13 of this Petition wherein it is pleaded that the Petitioner has no alternative, much less an efficacious remedy against the impugned actions of the Respondents 2 and 4. 4. However, if paragraph 13 is read in its entirety, the Petitioner has admitted having an alternate remedy under Section 107 of the CGST Act. The Petitioner has, however, pleaded that “the Petitioner is preferring this Writ, since there is a pre-deposit requirement for appeal, and in this situation since Respondent No. 7 has been admitted into insolvency, it is an issue that does not require any further adjudication.” 5. The circumstance that the s....

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