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RISHI FIBC SOLUTIONS PVT. LTD. & ANOTHER vs. UNION OF INDIA & OTHERS
(Gujarat High Court)

Hon'ble Judges:

BHARGAV D. KARIA
NIRAL R. MEHTA
Pet. Counsel
Uchit N Sheth
Res. Counsel
Utkarsh R Sharma

Petitioner / Applicant

RISHI FIBC SOLUTIONS PVT. LTD. & ANOTHER
Respondent UNION OF INDIA & OTHERS
Court Gujarat High Court
State

Gujrat

Date Sep 19, 2024
Order No.

R/Special Civil Application No. 18199 of 2021 With Civil Application (for Amendment) No. 1 of 2023 In R/Special Civil Application No. 18199 of 2021

Citation

2024(9) TAXREPLY 12266
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ORDER

ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. Heard learned advocate Mr. Uchit N. Sheth for the petitioners and learned advocate Mr. Utkarsh Sharma for the respondent nos. 2 and 3. 2. By this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs: “A. This Hon'ble Court may be pleased to declare that Rule 96(10) of the CGST Rules as amended by Notification No. 54/2018- Central Tax dated 9.10.2018 (annexed at Annexure A) is applicably prospectively with effect from the date of the notification and the retrospectivity sought to be given to such notification is wholly without jurisdiction, manifestly arbitrary and violating Article 14 of the Constitution of India; B. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction quashing and setting aside summons (annexed at Annexure B)as well as recovery pro....

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