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INGERSOLL-RAND TECHNOLOGIES AND SERVICES PRIVATE LIMITED vs. UNION OF INDIA AND 3 OTHERS
(Allahabad High Court)

Hon'ble Judges:

BISWANATH SOMADDER
AJAY BHANOT
Pet. Counsel
Atul Gupta
Abhishek Kumar Tripathi
Res. Counsel
Om Prakash Srivastava

Petitioner / Applicant

INGERSOLL-RAND TECHNOLOGIES AND SERVICES PRIVATE LIMITED

Respondent UNION OF INDIA AND 3 OTHERS
Court Allahabad High Court
State

Uttar Pradesh

Date Nov 21, 2019
Order No.

Writ Tax No. - 1120 of 2019

Citation

2019(11) TAXREPLY 1827

Original Order
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ORDER

The writ petitioner - company has approached this Court essentially seeking its intervention to allow the writ petitioner to file a revised declaration in FORM G.S.T. T.R.A.N-1 or manually accept the same to enable the writ petitioner – company to avail the credit pertaining to SAD (Special Additional Duty) amounting to ₹ 22,51,380.21/-; which, according to the writ petitioner was not claimed by it, inadvertently. The question as to whether we can issue a writ in the nature of mandamus as prayed for can be answered if we look into the applicable provisions of law in the facts of the instant case. However, before we do so, certain facts relevant to the issue before us are required to be taken note of. The writ petitioner intends to avail the credit pertaining to SAD (Special Additional Duty) amounting to ₹ 22,51,380.21/- in respect of goods held in stock as on 30th June, 2017. It is the admitted position that the writ petitioner has already submitted FORM G.S.T. T.R....

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