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BHOLE BHANDARI STONE vs. UNION AND OTHERS
(Allahabad High Court)

Hon'ble Judges:

PRITINKER DIWAKER
ASHUTOSH SRIVASTAVA
Pet. Counsel
Akshay Gupta
Res. Counsel
Gaurav Mahajan

Petitioner / Applicant

BHOLE BHANDARI STONE

Respondent UNION AND OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Sep 18, 2023
Order No.

Writ Tax No. - 1080 of 2023

Citation

2023(9) TAXREPLY 7938

Original Order
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ORDER

ORDER HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Akshay Gupta, learned counsel for the petitioner and Sri Gaurav Mahajan, learned Standing Counsel for the Respondent No.3. 2. This writ petition has been filed praying to quash the demand-cum-show cause notice dated 24.03.2023 issued by the Respondent No.3 for service tax under the provisions of the Finance Act, 1994. 3. The sole question involved in the present writ petition is as under :- "Whether GST and Service Tax are chargeable on the amount of royalty payable to the Government on mining of minerals ?" 4. Learned counsel for the petitioner has invited our attention to the order of Hon'ble Supreme Court dated 11.01.2018 in Special Leave to Appeal (C) 37326 of 2017 (Udaipur Chambers of Commerce and Industry & Ors. Vs. Union of India & Ors.) which is reproduced below :- "Heard the learned counsel for the petitioners and perused the relevant material. Application....

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