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BHAVANI METALS vs. UNION OF INDIA & OTHERS
(Gujarat High Court)

Hon'ble Judges:

BHARGAV D. KARIA
NIRAL R. MEHTA
Pet. Counsel
Abhay Desai
D K Trivedi
Res. Counsel
Siddharth H Dave
Chintan Dave

Petitioner / Applicant

BHAVANI METALS

Respondent UNION OF INDIA & OTHERS
Court Gujarat High Court
State

Gujrat

Date Jul 26, 2024
Order No.

CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 3749 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 3749 of 2024

Citation

2024(7) TAXREPLY 10633
Original Order
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ORDER

IA ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. In Special Civil Application No. 3749/2024, notice was issued on 15.03.2024 and thereafter, the matter is admitted vide order dated 27.06.2024. 2. Learned advocate Mr. Abhay Desai for the petitioner submitted that the issue arising in this petition is pertaining to passing of the impugned order under section 74 of the Central/Gujarat Goods and Service Tax Act, 2017 [for short ‘the GST Act’]. 3. It was submitted that by the impugned order, the respondent-Authority has not taken into consideration the detailed reply filed by the petitioner while arriving at a conclusion. It was submitted that though the reply is reproduced in the impugned order, none of the contentions raised by the petitioner is dealt with and no reason is assigned as to why reply is not acceptable to the respondent-authority for invoking the provision of section 16 (2) (c) of the GST Act. It was further submitted that the petitio....

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