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INDOFIL INDUSTRIES LTD vs. STATE OF GUJARAT
(Gujarat High Court)

Hon'ble Judges:

HARSHA DEVANI
A. P. THAKER
Pet. Counsel
Uchit N Sheth
Res. Counsel
Government Pleader

Petitioner / Applicant

INDOFIL INDUSTRIES LTD

Respondent STATE OF GUJARAT
Court Gujarat High Court
State

Gujrat

Date Dec 26, 2018
Order No.

R/SPECIAL CIVIL APPLICATION NO. 20559 of 2018

Citation

2018(12) TAXREPLY 2402

Original Order
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ORDER

1. Mr. Uchit Sheth, learned advocate for the petitioners invited the attention of the court to the provisions of section 7 of the Integrated Goods and Services Tax Act, 2017, to submit that by virtue of sub-section (5) thereof, supply of goods or services or both to or by a Special Economic Zone developer or a Special Economic Zone unit shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce. It was submitted that once the supply of goods or services under the Central Act are treated to be supply of goods and services in the course of inter-State trade or commerce, it is not permissible to levy tax on sales of petroleum crude, motor spirit (commonly known as petrol), high speed diesel, natural gas and aviation turbine fuel to Special Economic Zone units and developers under the Gujarat Value Added Tax Act, 2003 by treating them to be local/intra- State sales within the State of Gujarat. Various other submissions have also been adva....

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