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STAR CEMENT MEGHALAYA vs. THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GUWAHATI, THE COMMISSIONER OF STATE TAXES (EARLIER KNOWN AS COMMISSIONER OF TAXES) GUWAHATI AND INDIAN OIL CORPORATION LTD.
(Gauhati High Court)

Hon'ble Judges:

ACHINTYA MALLA BUJOR BARUA
Pet. Counsel
Ashok Saraf
Res. Counsel
D Saikia

Petitioner / Applicant

STAR CEMENT MEGHALAYA
Respondent THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GUWAHATI, THE COMMISSIONER OF STATE TAXES (EARLIER KNOWN AS COMMISSIONER OF TAXES) GUWAHATI AND INDIAN OIL CORPORATION LTD.
Court Gauhati High Court
State

Assam

Date Sep 4, 2018
Order No.

Case No. : WP (C) 366/2018 And Linked Case : WP(C) 915/2018

Citation

2018(9) TAXREPLY 2323
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ORDER

Heard Dr. A. Saraf, learned senior counsel for the petitioners. Also heard Mr. D. Saikia, learned Senior Additional Advocate General for the authorities of the State of Assam in the department of Finance and Taxation as well as Mr. S.C. Keyal, learned ASGI for the authorities of the Govt. of India in the Ministry of Finance and Revenue and Ministry of Law and Legal Affairs, who were arrayed as respondents as per the order dated 13.03.2018, and also Mr. M.K. Choudury, learned senior counsel for the respondent Indian Oil Corporation Ltd (IOCL). 2. Both the writ petitions are based upon the same set of facts and also involve the same question of law and as such are being taken up together for its consideration. Both the petitioners i.e., in WP(C) No.366/2018 and WP(C) 915/2018 are engaged in the manufacture and sale of clinker for which diesel is used as a raw material. 3. In furtherance of their activities, the petitioners purchased diesel from the respondent IOCL from its est....

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