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Goods and Services Tax

Appeal maintainable against department’s order for budgetary support scheme refund

Case Law Details

TaxGuru Citation
2022 taxguru.in 5081
Case Name
Mags Garments Pvt. Ltd. Vs Union of India And Others (Himachal Pradesh High Court)
Date of Judgement/Order
Only available for paid members
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Mags Garments Pvt. Ltd. Vs Union of India And Others (Himachal Pradesh High Court)

Having gone through the contents of the Scheme of Budgetary Support under Goods and Service Tax regime especially in the light of Tax which accrues to the Central Government under Central Goods and Service Act, 2017 and Integrated Goods and Services Act, 2017, it appears to us that the impugned order, dated 13th November, 2018, passed by the Assistant Commissioner, Goods and Service Tax, Division, Baddi is appealable before the Appellate Authority under Section 107 of the Central Goods and Service Tax Act, 2017.

Consequently, the writ petition is disposed of at this stage, relegating the petitioner to avail the alternative efficacious remedy. In case the appeal is not entertained on merits, the petitioner shall be at liberty to have recourse to the appropriate remedy, in accordance with law. Pending applications, if any, also stand disposed of.

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