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JAI AMBEY BHARAT GAS vs. STATE OF H.P. & OTHERS
(Himachal Pradesh High Court)

Hon'ble Judges:

RAJIV SHAKDHER
SATYEN VAIDYA
Pet. Counsel
Rakesh Sharma
Sakshi Gautam
Res. Counsel
Sushant Kaprate

Petitioner / Applicant

JAI AMBEY BHARAT GAS

Respondent STATE OF H.P. & OTHERS
Court Himachal Pradesh High Court
State

Himachal Pradesh

Date Oct 3, 2024
Order No.

CWP No. 11232 of 2024.

Citation

2024(10) TAXREPLY 11615

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ORDER

RAJIV SHAKDHER, CHIEF JUSTICE (ORAL) This writ petition is directed against the order of demand dated 02.08.2024 issued by respondent no. 3. 2. Learned counsel for the petitioner does not dispute that an appeal would lie against the aforementioned order of demand. 2.1. Learned counsel for the petitioner says that he will take recourse to the statutory remedy provided under the Central Goods and Services Tax Act, 2017, (hereafter referred to as “CGST Act, 2017”). 2.2. He further submits that input tax credit on the purchases made from Bharat Petroleum has been wrongly blocked. It is clarified that, though, the petitioner is the second purchaser. In support of his plea, reliance is placed on Rule 86-A of the Central Goods and Services Rules, 2017. 3. The writ petition is dismissed as withdrawn, as prayed, with liberty to take recourse to an appropriate statutory remedy, albeit, as per law. 3.1. Liberty is also given to the petitioner to move an appl....

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