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FARMSON PHARMACEUTICAL GUJARAT PRIVATE LIMITED vs. UNION OF INDIA AND OTHERS
(Gujarat High Court)

Hon'ble Judges:

SONIA GOKANI
NISHA M. THAKORE
Pet. Counsel
Avinash Poddar
Res. Counsel
Priyank P Lodha

Petitioner / Applicant

FARMSON PHARMACEUTICAL GUJARAT PRIVATE LIMITED
Respondent UNION OF INDIA AND OTHERS
Court Gujarat High Court
State

Gujrat

Date Nov 25, 2021
Order No.

R/Special Civil Application No. 13229 of 2020

Citation

2021(11) TAXREPLY 4891
Original Order
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ORDER

1. The petitioner in this petition under Article 226 of the Constitution of India, approaching this Court being aggrieved by an order in Appeal passed by the respondent No.3 and in absence of GST Appellate Tribunal as per the provisions of Section 109 and 110 of the Gujarat Goods and Service Tax Act, 2017, Second Appeal is not feasible to be filed. Refund sanction order passed by the respondent No.2 as aggrieved the petitioner on account of non-payment of the interest thereon. The prayers sought are as follows: (a) Direct the respondent no.4 to consider the recommendation of GST Council, press release of CBIC and also the letter of Principal Commissioner mentioned in para F of this petition and pass the fresh refund order of total amount without reducing the amount of interest u/s. 50(1). (b) Quash the order of Refund Sanctioned dated 23.08.2019 passed by the respondent No.4. (c) Direct the respondent no 1 & 2 for constitution of GST Appellate Tribunal within a time ....

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