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KNOWLEDGE CAPITAL SERVICES PVT. LTD. vs. UNION OF INDIA & ORS.
(Bombay High Court)

Hon'ble Judges:

G. S. KULKARNI
JITENDRA JAIN
Pet. Counsel
Bharat Raichandani
Res. Counsel
Himanshu Takke

Petitioner / Applicant

KNOWLEDGE CAPITAL SERVICES PVT. LTD.
Respondent UNION OF INDIA & ORS.
Court Bombay High Court
State

Maharashtra

Date Sep 4, 2023
Order No.

WRIT PETITION (L) NO. 36458 OF 2022

Citation

2023(9) TAXREPLY 7921
Original Order
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ORDER

ORDER P. C. 1. This petition under Article 226 of the Constitution challenges an order dated 25 July 2022 passed by Assistant Commissioner of State Tax, (ACS) Goregaon-East, whereby the petitioner’s application for refund of the tax as made under Section 16 of the Integrated Goods and Services Tax Act, 2017 read with Section 54 of the Central Goods and Services Tax Act 2017, stands rejected. 2. The grievance of the petitioner is that the impugned order is an exparte order and has been passed without providing for an opportunity of a hearing to the petitioner. The period in question, in regard to the refund application, is from April 2019 to March 2020. 3. Mr. Raichandani, learned counsel for the petitioner would submit that in an identical situation, the petitioner was required to approach this Court in the proceedings of Writ Petition No. 61 of 2023 (M/s Knowledge Capital Service Pvt. Ltd. Vs. Union of India & Ors.) on which a coordinate Bench of this Cour....

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