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MAGS GARMENTS PVT. LTD. vs. UNION OF INDIA AND OTHERS
(Himachal Pradesh High Court)

Hon'ble Judges:

Pet. Counsel
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Res. Counsel
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Petitioner / Applicant

MAGS GARMENTS PVT. LTD.
Respondent UNION OF INDIA AND OTHERS
Court Himachal Pradesh High Court
State

Himachal Pradesh

Date May 3, 2019
Order No.

CMP No.3280 of 2019 in CWP No.3061 of 2018

Citation

2019(5) TAXREPLY 2159
Original Order
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ORDER

ORDER CMP No.3280 of 2019 This application seeks to recall order dated 31st December, 2018, whereby the writ petition was disposed of, substantially on the basis of consent order, to the effect that the impugned order was appealable under Section 107 of the Central Goods and Service Tax Act, 2017 (for short, “the Act”). 2. In the instant application, the respondent Authorities have submitted that actually no appeal under Section 107 of the Act is maintainable. In our considered view, there is no necessity of any review or recall of the order dated 31st December, 2018, as suffice it would be to observe that if no appeal is maintainable, the Appellate Authority shall be at liberty to hold so, in accordance with law, after hearing the parties and in that event the non-applicant (writ petitioner) will be at liberty to avail the remedy, as may be available in law. Accordingly, the application stands disposed of. Copy dasti. ....

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