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GOKUL AGRO RESOURCES LTD. vs. UNION OF INDIA
(Gujarat High Court)

Hon'ble Judges:

J.B.PARDIWALA
BHARGAV D. KARIA
Pet. Counsel
Uchit N Sheth
Res. Counsel
Nirzar S Desai

Petitioner / Applicant

GOKUL AGRO RESOURCES LTD.
Respondent UNION OF INDIA
Court Gujarat High Court
State

Gujrat

Date Feb 26, 2020
Order No.

R/SPECIAL CIVIL APPLICATION NO. 1758 of 2020

Citation

2020(2) TAXREPLY 1465
Original Order
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ORDER

1. Rule returnable forthwith. Mr. Nirzar Desai, the learned standing counsel waives service of notice of rule for and on behalf of the respondents. 2. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “19A. This Hon'ble Court may be pleased to issue a writ striking down and declaring Entry No.10 of Notification No.10/2017-IGST(Rate) dated 28.6.2017 as being ultravires Section 5(3) of the IGST Act as well as Article 14 of the Constitution of India. B. This Hon'ble Court may be pleased to issue a writ of mandamus directing the learned respondents to grant refund of the amount of IGST already paid by the petitioner pursuant to the impugned Entry No.10 of Notification No.10/2017-IGST (Rate) dated 28.6.2017 (as per statement at Annexure D) along with appropriate interest on such refund; C. Pending notice, admission and final hearing of this petition, this Hon'ble Court may be....

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