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INDIA COKE AND POWER PRIVATE LIMITED vs. UNION OF INDIA
(Gujarat High Court)

Hon'ble Judges:

HARSHA DEVANI
V. B. MAYANI
Pet. Counsel
A.r. Madhav Rao
Maulik Nanavati
Mihir Gupta
Res. Counsel
Na

Petitioner / Applicant

INDIA COKE AND POWER PRIVATE LIMITED
Respondent UNION OF INDIA
Court Gujarat High Court
State

Gujrat

Date Jul 3, 2019
Order No.

R/SPECIAL CIVIL APPLICATION NO. 11410 of 2019 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 11410 of 2019

Citation

2019(7) TAXREPLY 2092
Original Order
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ORDER

1. Mr. A. R. Madhav Rao, learned advocate with Mr. Maulik Nanavati and Mr. Mihir Gupta, learned advocates for the petitioner invited the attention of the court to an order dated 9th February, 2018 passed by this court in Special Civil Application No.726 of 2018, wherein the court has passed the order in the following terms: “The petitioner has challenged vires of Notification No. 8/2017-Integrated Tax [Rate] dated 28th June 2017 and Entry 10 of the Notification No. 10/2017- Integrated Tax [Rate] also dated 28th June 2017. The petitioner is an importer of non-cooking coal and on such imports, the petitioner pays Custom duty, the value of which includes Ocean Freight. On the same valuation, the petitioner also pays tax under the Integrated Goods & Service Tax Act, 2017 [“IGST Act” for short]. The petitioner's grievance is that under the impugned Notifications, the petitioner is asked to pay tax at the prescribed rate all over again on the ocean freight. T....

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