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LM WIND POWER BLADES INDIA PRIVATE LIMITED vs. STATE OF MAHARASHTRA AND ORS.
(Bombay High Court)

Hon'ble Judges:

M.S. SANKLECHA
M.S.SONAK
Pet. Counsel
Tushar Jarwal
Rishabh Dubey
Res. Counsel
V.a. Sonpal
Shruti Vyas

Petitioner / Applicant

LM WIND POWER BLADES INDIA PRIVATE LIMITED
Respondent STATE OF MAHARASHTRA AND ORS.
Court Bombay High Court
State

Maharashtra

Date Jul 10, 2019
Order No.

WRIT PETITION NO. 6968OF 2019

Citation

2019(7) TAXREPLY 2098
Original Order
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ORDER

1] This petition under Article 226 of the Constitution of India challenges the action of the respondents in encashing 8 bank guarantees on 29th March 2019 aggregating to ₹ 4.72 crores. This encashment of bank guarantee was done consequent to the order dated 26th March 2019 of the Appellate Authority under Section 21 of Integrated Goods and Service Tax Act read with Section 107 of the Maharashtra Goods and Service Tax Act, 2017. 2] The grievance of the petitioner is that the order dated 26th march 2019 passed by the Dy. Commissioner of Sales Tax is subject to further appeal to the Goods Service Tax Appellate Tribunal (Tribunal). The statute provide a period of three months to the aggrieved party to file an appeal to the Tribunal. Inspite of the above and the petitioners specific request not to encash the bank guarantee as they are in process of preparing the appeal from the order dated 26th March 2019 of the Appellate Authority, the 8 Bank Guarantee have been encashed. 3] T....

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