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KABIR INSTRUMENT AND TECHNOLOGY vs. UNION OF INDIA & OTHERS
(Gujarat High Court)

Hon'ble Judges:

BHARGAV D. KARIA
D.N.RAY
Pet. Counsel
Tarak Damani
Res. Counsel
Ankit Shah
Nidhi T Vyas

Petitioner / Applicant

KABIR INSTRUMENT AND TECHNOLOGY

Respondent UNION OF INDIA & OTHERS
Court Gujarat High Court
State

Gujrat

Date Jan 22, 2025
Order No.

R/SPECIAL CIVIL APPLICATION NO. 13526 of 2024

Citation

2025(1) TAXREPLY 12295

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ORDER

ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned advocate Mr. Tarak Damani for the petitioner and learned advocate Mr. Ankit Shah for respondent No. 1. 2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: “8(B) YOUR LORDSHIPS be pleased to issue a writ in the nature of Mandamus and hold that the Show Cause Notice dated 09.07.2024 (Annexure A) issued by the Respondent Authorities is ex-facie illegal and without jurisdiction and further be pleased to hold and declare that the Respondents are not entitled to charge Goods and Service Tax on the transaction of assignment of the long-term Leasehold rights under the provisions of the Goods and Service Tax, 2017; And in the alternative, (C) YOUR LORDSHIPS be pleased to issue a writ of mandamus and hold and declare that the Respondent Authorities are liable to give Input Tax Credit under Section 16 of the Goods and Service....

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