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Refund of ITC Barred After Amalgamation Once Scheme Is Approved: Gujarat HC
Case Law Details
- Case Name
- Alstom Transport India Limited Vs Additional Commissioner (Gujarat High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Gujarat High Court
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Alstom Transport India Limited Vs Additional Commissioner (Gujarat High Court)
Once the amalgamation scheme is approved, no refund application for amalgamating company post sanction- Gujrat high court dismissed the petition.
In recent case of ALSTOM TRANSPORT INDIA LIMITED Versus ADDITIONAL COMMISSIONER, CGST AND CENTRAL EXCISE (APPEALS) & ORS., Gujrat High court held that, operational deficiency cannot bypass the regulating provision. Once the scheme of amalgamation is approved by the NCLT, all the statutory provisions such of new registration of amalgamated company, canc...





