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XIAOMI TECHNOLOGY INDIA PVT. LTD. vs. UNION OF INDIA & OTHERS
(Bombay High Court)

Hon'ble Judges:

B.P. COLABAWALLA
FIRDOSH P. POONIWALLA
Pet. Counsel
V. Sridharan
Shanmuga Dev
Aditi Jain
Res. Counsel
Karan Adik
Abhishek Mishra

Petitioner / Applicant

XIAOMI TECHNOLOGY INDIA PVT. LTD.
Respondent UNION OF INDIA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Jan 22, 2025
Order No.

WRIT PETITION (L) NO. 32262 OF 2024

Citation

2025(1) TAXREPLY 12315
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ORDER

P.C. 1. The above Writ Petition is filed seeking a writ, order or direction under Article 226 of the Constitution of India, seeking to quash the impugned show cause notice dated 11th July, 2024 (Exhibit “A”) issued under Section 74 of the Central Goods and Service Tax, 2017 (for short “CGST Act”). The interim relief sought is to stay the operation and implementation of the said show cause notice. 2. The learned Advocate appearing on behalf of the Respondents has raised a preliminary objection to the maintainability of this Writ Petition. The learned counsel submitted that the Petitioner had not made out a case of any prejudice that has been caused to it by issuance of the show cause notice to entitle him to invoke the extra-ordinary, discretionary and inherent jurisdiction of this Court. The learned Counsel submitted that the Petitioner himself has stated that he has deposited Rs. 75 Crores “without admitting” anything and at the same time....

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