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MACLEODS PHARMACEUTICAL LTD. vs. PRAKASH KUMAR AND ANOTHER
(Himachal Pradesh High Court)

Hon'ble Judges:

JYOTSNA REWAL DUA
Pet. Counsel
Vivek Singh Attri
Res. Counsel
Rajiv Jiwan
Prashant Sharma

Petitioner / Applicant

MACLEODS PHARMACEUTICAL LTD.

Respondent PRAKASH KUMAR AND ANOTHER
Court Himachal Pradesh High Court
State

Himachal Pradesh

Date Nov 10, 2020
Order No.

COPC No. 2 of 2020

Citation

2020(11) TAXREPLY 3510

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ORDER

The petitioner asserts that the judgment dated 20.11.2019 passed by a Division Bench of this Court in CWP No.1551 of 2018, titled Macleods Pharmaceuticals Ltd. Versus Union of India & others, has been wilfully disobeyed by the respondents, hence, instant contempt petition has been preferred. 2. The aforementioned writ petition was filed by the petitioner with the submissions that in June, 2017, the petitioner-company had CENVAT Credit balance of Central Taxes amounting to ₹ 7,51,33,423/-. Petitioner had filed another TRAN-1 form for CENVAT Credit of ₹ 14,71,031/-, which was made admissible and credited to its Electronic Credit Ledger account on 26.10.2017. It was further submitted that the company could not amend TRAN-1 form as per the provisions of Goods and Services Tax Act (in short ‘GST Act’). Therefore, direction was sought to be issued to the respondents to consider the case of the petitioner-company for amendment of TRAN-1 form. In support of the praye....

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