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GENERAL MOTORS INDIA PRIVATE LIMITED vs. STATE OF MAHARASHTRA & OTHERS
(Bombay High Court)

Hon'ble Judges:

SONAK
JITENDRA JAIN
Pet. Counsel
Darius Shroff
Mahir Chablani
Dimpal Jangid
Res. Counsel
Shrutin Vyas
P.n. Diwan Agp

Petitioner / Applicant

GENERAL MOTORS INDIA PRIVATE LIMITED
Respondent STATE OF MAHARASHTRA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Dec 11, 2024
Order No.

WRIT PETITION NO. 17122 OF 2024

Citation

2024(12) TAXREPLY 11837
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ORDER

P.C.   (PER M.S.SONAK, J ):- 1. Heard learned counsel for the parties. 2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. The challenge in this petition is to the pre-show cause notice in Form DRC-01 A issued by respondent No. 2 to the petitioner under Section 73 (5) read with Rule 142 (1-A) of the State Goods and Services Tax Act (SGST). The petitioner also seeks a Writ of Mandamus upon respondent No. 3 to dispose of the petitioner’s application dated 20 December 2023 seeking advance ruling inter alia on the taxability of the sale of land and buildings carried out pursuant to the Asset Purchase Agreement (APA) on merits. 4. Mr. Shroff learned senior counsel for the petitioner, expressed an apprehension that on account of the issuance of the pre-show cause notice dated 22 October 2024 respondent No. 3 may decline to dispose of the petitioners’ application for advance ....

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