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Case Law Details

Case Name : M/s Austees Hydro Power & Construction Company (P) Ltd Vs Union of India and others (Himachal Pradesh HC)
Appeal Number : CWP No. 1073 of 2018
Date of Judgement/Order : 25/10/2018
Related Assessment Year :
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M/s Austees Hydro Power & Construction Company (P) Ltd Vs Union of India (Himachal Pradesh HC)

Once the petitioner has got efficacious alternative remedy of statutory appeal, the same ought to have been availed by it before invoking the writ jurisdiction of this Court.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

The petitioner-Company is aggrieved by the order dated 28th March, 2018 (Annexure P-3) passed by Joint Commissioner, Central Goods & Services Tax Commissionerate, Shimla. Vide the said order, the demand of services tax amounting to Rs. 1 ,90,84,482/- has been confirmed and the demand of interest at the applicable rate on the above stated amount of services tax has also been confirmed.

Similarly, the demand of penalty of Rs.10,000/- under Section 77(1)(a) read with Section 142(8)(a) and 174(2) of Central Goods & Services Tax Act, 2017 has also been confirmed. Likewise, a further penalty of Rs. 1,90,84,482/- i.e., equivalent to services tax too has been levied.

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