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J.K. PAPAD INDUSTRIES & ANOTHER vs. UNION OF INDIA & OTHERS
(Gujarat High Court)

Hon'ble Judges:

D. KARIA
NIRAL R. MEHTA
Pet. Counsel
Uchit N Sheth
Res. Counsel
Hetvi Sancheti

Petitioner / Applicant

J.K. PAPAD INDUSTRIES & ANOTHER
Respondent UNION OF INDIA & OTHERS
Court Gujarat High Court
State

Gujrat

Date Sep 11, 2024
Order No.

R/SPECIAL CIVIL APPLICATION NO. 16172 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 3711 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 7107 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 7114 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 8502 of 2022 With R/SPECIAL CIVIL APPLICATION NO. 8504 of 2022

Citation

2024(9) TAXREPLY 10825
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ORDER

JUDGMENT ( PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA ) 1. Heard learned advocate Mr. Uchit Sheth for the petitioner and learned advocate Ms. Hetvi Sancheti for the respondent. 2. By these petitions under Article 227 of the Constitution of India, the petitioners have challenged the show cause notice dated 07.02.2024 under section 74 of the Central/Gujarat Goods and Services Tax Act, 2017 (for short “the GST Act”) as being wholly without jurisdiction. 3. The impugned show cause notice is issued to levy GST at the rate of 18% as the petitioner is engaged in manufacture of un-fried or un-cooked snack pellets through the process of extrusion and supplying the same without payment of GST by classifying it under HSN 19059040 instead of HSN 19059030. 4. These petitions are raising the similar issue of classification of the product manufactured by the petitioner under HSN 19059040 instead of HSN 19059030. 5. Having regard to the controversy involved in....

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