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SHIVBHOLA FILAMENTS PRIVATE LIMITED vs. ASSISTANT COMMISSIONER CGST
(Delhi High Court)

Hon'ble Judges:

VIBHU BAKHRU
AMIT MAHAJAN
Pet. Counsel
Yuvraj Singh
Hemlata Rawat
Chetan Kumar Shukla
Res. Counsel
Atul Tripathi
V. K. Attri

Petitioner / Applicant

SHIVBHOLA FILAMENTS PRIVATE LIMITED

Respondent ASSISTANT COMMISSIONER CGST
Court Delhi High Court
State

Delhi

Date Jul 25, 2023
Order No.

W.P.(C) 9742/2023 & CM APPL. 37331/2023

Citation

2023(7) TAXREPLY 7662

Original Order
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ORDER

VIBHU BAKHRU, J. 1. Issue notice. 2. The learned counsel for the respondents accepts notice. 3. The petitioner has filed the present petition, inter alia, impugning an Order-in-Appeal dated 18.11.2021 whereby, the appeals preferred by the petitioner (eight in number) against the eight separate orders, all dated 31.12.2020, passed by the Adjudicating Authority, were rejected. 4. The petitioner is engaged in the manufacturing of Polypropylene Yarn and Polypropylene narrow woven fabric, which is chargeable to Goods and Services Tax (GST) at the rate of 12% and 5% respectively. 5. The petitioner claims that raw materials used for manufacturing of the product (Granules, Master Batch, Spin Finish Oil) are chargeable to GST at the rate of 18%. The petitioner, thus, claims that due to the inverted tax structure, it is unable to avail the entire credit of input tax paid by it on inputs in discharge of its tax liability on output. 6. In the aforesaid circumstances, the....

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