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C.P. RAVINDRANATH MENON & OTHER vs. DEPUTY COMMISSIONER OF STATE TAX & OTHER
(Bombay High Court)

Hon'ble Judges:

NITIN JAMDAR
ABHAY AHUJA
Pet. Counsel
Subit Chakrabarti
Khushnumah Banerjee
Vidhi Partners
Res. Counsel
Sangeeta Yadav.
Abhijeet Mangade

Petitioner / Applicant

C.P. RAVINDRANATH MENON & OTHER
Respondent DEPUTY COMMISSIONER OF STATE TAX & OTHER
Court Bombay High Court
State

Maharashtra

Date Apr 21, 2023
Order No.

WRIT PETITION NO. 5131 OF 2022

Citation

2023(4) TAXREPLY 7300
Original Order
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ORDER

P.C.: Heard the learned Counsel for the parties. 2. In light of the stand taken by learned Counsel for Respondent No. 1, it is not necessary to set out the facts of the case in detail. 3. The brief facts of the case are that the Petitioners had entered into an agreement for sale of a residential flat with Respondent No. 6. According to the Petitioners, pursuant to further proceedings that took place under the said agreement, the Petitioners became entitled to claim refund of the Goods and Services Tax (GST). Accordingly, the Petitioners applied for refund to Respondent No. 1 under the provisions of section 54 of the Goods and Services Tax (GST) Act, 2017. By the impugned order, Respondent No. 1 rejected the prayer of the Petitioners stating that persons such as the Petitioners are not entitled for refund of the GST in respect of such transactions. 4. The Petitioners have filed this Petition without availing the remedy of appeal as, according to the Petitioners, the o....

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