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Case Law Details

Case Name : Dharmendra M. Jani Vs Union of India (Bombay High Court)
Appeal Number : Writ Petition No. 2031 of 2018
Date of Judgement/Order : 18/04/2023
Related Assessment Year :
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Dharmendra M. Jani Vs Union of India (Bombay High Court)

HC held that provisions of Section 13(8)(b) and Section 8(2) of the IGST Act are legal, valid and constitutional, provided that the provisions of Section 13(8)(b) and Section 8(2) are confined in their operation to the provisions of IGST Act only and the same cannot be made applicable for levy of tax on services under the CGST and MGST Act.

FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT

1. Their Lordships of the Division Bench have spoken in different voices in deciding the above Writ Petitions. In view of the cleavage of opinion, by an order dated 16 June 2021 the Division Bench recording the disagreement, ordered that the proceedings be placed before the Hon’ble the Chief Justice. Consequent thereto, by an order passed by the Hon’ble the Chief Justice, the proceedings are referred for the opinion of this Court.

A) PRELUDE

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