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ATIBIR INDUSTRIES CO. LTD. vs. THE UNION OF INDIA AND OTHERS
(Jharkhand High Court)

Hon'ble Judges:

APARESH KUMAR SINGH
ANUBHA RAWAT CHOUDHARY
Pet. Counsel
Sumeet Gadodia
Res. Counsel
Ratnesh Kumar
Rajiv Ranjan
P.a.s. Patti

Petitioner / Applicant

ATIBIR INDUSTRIES CO. LTD.
Respondent THE UNION OF INDIA AND OTHERS
Court Jharkhand High Court
State

Jharkhand

Date Jan 4, 2021
Order No.

W. P. (T) No. 4061 of 2019

Citation

2021(1) TAXREPLY 3746
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ORDER

Mrs. Anubha Rawat Choudhary, J. 1. Heard Mr. Sumeet Gadodia, learned counsel appearing on behalf of the petitioner. 2. Heard Mr. Ratnesh Kumar, learned counsel appearing on behalf of Respondent Nos.1 to 4. 3. Heard Mr. Rajiv Ranjan, learned Advocate General, Jharkhand appearing on behalf of the Respondent-State along with Mr. P.A.S. Patti, S.C.-IV. 4. This writ petition has been filed seeking a mandamus upon the respondents to either open GSTN Portal enabling the Petitioner to file its application for refund in Form GST RFD-01, or to manually accept the refund application of the Petitioner pertaining to the periods 2017-18 and 2018-19 in respect of its claim for refund of unutilized Input Tax Credit (hereinafter referred to as 'ITC') pertaining to compensation cess, which the Petitioner claims to be entitled under law. A further prayer has been made seeking a direction upon the respondent-authorities to process and determine the claim of refund of the petitio....

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