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VODAFONE IDEA BUSINESS SERVICES LIMITED vs. UNION OF INDIA
(Gujarat High Court)

Hon'ble Judges:

SONIA GOKANI
MAUNA M. BHATT
Pet. Counsel
Hardik P Modh
Res. Counsel
Priyank P Lodha

Petitioner / Applicant

VODAFONE IDEA BUSINESS SERVICES LIMITED

Respondent UNION OF INDIA
Court Gujarat High Court
State

Gujrat

Date Nov 16, 2022
Order No.

R/SPECIAL CIVIL APPLICATION NO. 16286 OF 2020 WITH CIVIL APPLICATION (FOR STAY) NO. 2 OF 2022

Citation

2022(11) TAXREPLY 6617

Original Order
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ORDER

1. This is an application seeking the following reliefs: (a) That the Hon’ble Court may be pleased to allow the present Application; (b) That pending the hearing and final disposal of the captioned Special Civil Application, the initiation of recovery proceedings in pursuance of the Impugned Order by the Opponent No.4 against the Applicant may be stayed; (c) for such further and other reliefs, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. 2. The applicant challenges the constitutionality, vires and legality of Section 28 of the Central Goods and Services Tax (Amendment) Act, 2018 (hereinafter referred to as “the Impugned Amendment”) and Circular No.87/06/2019–GST dated 02.01.2019 issued by opponent No.1, since, it seeks to retrospectively disallowed the transaction and carry forward of credit of Education Cess and Secondary and Higher Education Cess into the GST regime, which was levied on inpu....

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