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GENPACT INDIA PVT. LTD. AND OTHERS vs. UNION OF INDIA AND ORS.
(Punjab and Haryana High Court)

Hon'ble Judges:

AUGUSTINE GEORGE MASIH
ASHOK KUMAR VERMA
Pet. Counsel
Tarun Gulati
Nikhil Gupta
Abhishek Boob
Res. Counsel
Sunish Bindlish

Petitioner / Applicant

GENPACT INDIA PVT. LTD. AND OTHERS

Respondent UNION OF INDIA AND ORS.
Court Punjab and Haryana High Court
State

Punjab

Date Jan 29, 2021
Order No.

CWP-10302-2020, CWP-18876-2020, CWP-16305-2020

Citation

2021(1) TAXREPLY 3897

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ORDER

By this order, we propose to dispose of three writ petitions i.e. CWP Nos. 10302, 18876 and 16305-2020. In CWP Nos. 10302 and 16305-2020, challenge is to the orders dated 27.05.2020 and 05.08.2020 (Annexures P-9 and Annexure P-1, respectively) passed by the Appellate Authority, whereby the refund claimed by the petitioners has been rejected. In CWP-18876-2020, the petitioner has straightway approached this Court, challenging the order dated 11.09.2020 (Annexure P-1) of the Adjudicating Authority, vide which the refund claimed by the petitioner has been rejected. Having heard the counsel for the parties and on going through the pleadings as well as the impugned orders, we are of the firm view that the above orders impugned passed by the Adjudicating Authority/Appellate Authority, are cryptic and non-speaking and the reasons assigned for holding the petitioners to be intermediaries, do not sustain as they do not pass the test of law as has been laid down in the judgments. ....

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