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GLOBOLIVE 3D PRIVATE LIMITED vs. UNION OF INDIA & OTHER
(Bombay High Court)

Hon'ble Judges:

G. S. KULKARNI
JITENDRA JAIN, JJ.
Pet. Counsel
Bharat Raichandani
Prathamesh Gargate.
Res. Counsel
Jitendra Mishra
Umesh Gupta

Petitioner / Applicant

GLOBOLIVE 3D PRIVATE LIMITED

Respondent UNION OF INDIA & OTHER
Court Bombay High Court
State

Maharashtra

Date Aug 24, 2023
Order No.

WRIT PETITION NO. 39 OF 2023

Citation

2023(8) TAXREPLY 7795
Original Order
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ORDER

JUDGMENT (PER G.S. KULKARNI, J.) 1. Rule, made returnable forthwith. Respondents waive service. By consent of the parties, heard finally. 2. This is a petition under Articles 226 and 227 of the Constitution of India whereby in the absence of an appellate tribunal being constituted, the petitioner is before the Court praying for setting aside an order dated 31 March, 2021 passed by the appellate authority, being an order passed by the Joint Commissioner, CGST and Central Excise Appeal-I, Mumbai, by which the respondent’s/department’s appeal, against granting of the petitioner’s refund application has been allowed, consequence being, declining of the refund of the tax paid by the petitioner. 3. The question which falls for determination is as to whether the services rendered by the petitioner of providing Satellite derived 3D model services, would fall within the purview of “export of services” as defined under Section 2(6) of the IGST Act....

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