Assessment Order Quashed for Breach of Section 23(4) MVAT Provisions

Soremartec S. A. Vs State of Maharashtra (Bombay High Court) Bombay High Court quashed the assessment order on account of breaching statutory provisions of section 23(4) of the MVAT; violation of the principles of natural justice and fair play, non-application of mind, and legal malafides. Facts- Petitioners 1 and 2 are established per Luxembourgian Laws. Petitioner No.3 is a company incorporated under the Indian Companies Act of 1956. Petitioners 1 and 2 had, inter alia, granted the 3rd Petitioner the right to use their IPR in India. In that sense, Petitioners Nos.1, 2, and 3 are group compan...