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Notified Area Authority is Neither ‘Local’ nor ‘Governmental Authority: Gujarat HC

Case Law Details

TaxGuru Citation
2024 taxguru.in 2402
Case Name
NEPRA Resources Management Pvt. Ltd. & Anr. Vs State of Gujarat & Anr. (Gujarat High Court)
Date of Judgement/Order
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NEPRA Resources Management Pvt. Ltd. & Anr. Vs State of Gujarat & Anr. (Gujarat High Court)

In the case of NEPRA Resources Management Pvt. Ltd. & Anr. vs. State of Gujarat & Anr., the Gujarat High Court held that the Notified Area Authority, Vapi, did not meet the criteria to be classified as a local authority or governmental authority. Consequently, the Solid Waste Management and recycling services provided to it were deemed ineligible for exemption under Notification No. 12/2017-State Tax (Rate) dated 30th June 2017.

In the case of NEPRA Resources Management Pvt. Ltd. & Anr. vs. State of Gujarat & Anr., heard in the Gujarat High Court, Senior Advocate Mr. Mihir Joshi and advocate Mr. Kuntal Parikh represented the petitioners, while learned Additional Government Pleader Mr. Raj Tanna represented the respondents.

The petitioners contested an order dated 17th February 2021 issued by the Appellate Authority for Advance Ruling Gujarat. The challenge was specifically aimed at the determination that the Notified Area Authority, Vapi, did not qualify as either a “local authority” or a “governmental authority.” This determination led to the petitioners being deemed ineligible for exemption under certain tax rate notifications, namely Notification No. 12/2017-Central Tax (Rate) dated 28th June 2017 and Notification No. 12/2017-State Tax (Rate) dated 30th June 2017.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,987

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