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M/S IMPERIAL FASTENERS PVT. LTD. vs. CENTRAL COALFIELDS LIMITED, RANCHI, PROJECT OFFICER, CENTRAL COALFIELDS LIMITED, BOKARO, PRINCIPAL COMMISSIONER OF CENTRAL TAXES, RANCHI
(Jharkhand High Court)

Hon'ble Judges:

APARESH KUMAR SINGH
ANUBHA RAWAT CHOUDHARY
Pet. Counsel
Deepak Sinha
Res. Counsel
Amit Kumar Das
Ratnesh Kumar

Petitioner / Applicant

M/S IMPERIAL FASTENERS PVT. LTD.

Respondent CENTRAL COALFIELDS LIMITED, RANCHI, PROJECT OFFICER, CENTRAL COALFIELDS LIMITED, BOKARO, PRINCIPAL COMMISSIONER OF CENTRAL TAXES, RANCHI
Court Jharkhand High Court
State

Jharkhand

Date Jul 23, 2020
Order No.

W.P.(T) No. 4941 of 2017

Citation

2020(7) TAXREPLY 3192

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ORDER

Learned counsel Mr. Deepak Sinha for the petitioner, Mr. Amit Kumar Das for the C.C.L. and Mr. Ratnesh Kumar for the Union of India are present through video conferencing. The writ petition was preferred for the following reliefs : (a) For quashing and setting aside the letter being Ref. No.KTW/Rejects CPP/17-18/1054 dated 16.08.2017 including the Bill dated 16.08.2017 attached therewith (Annexure-3) issued by Project Officer, Kathara Washery (respondent no.2) whereby and whereunder the said respondent has charged and realized an amount of ₹ 400/- per tonne as GST (Compensation Cess) from the petitioner apart from charging of cost of Washery Rejects @ ₹ 473/- per tonne for the month of July 2017, which is illegal, arbitrary and malafide in view of the fact that as per Section 9(1) of the Goods and Service Tax (Compensation to States) Act, 2017 the liability of payment of cess is on every taxable person who is making a taxable supply of goods and further as per Section 9(....

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