Hindalco Industries Limited Versus The Union of India & Others
GST
2018 (3) TMI 538 – BOMBAY HIGH COURT – TMI
BOMBAY HIGH COURT – HC
Dated:- 5-3-2018
WRIT PETITION NO. 11403 OF 2016, CIVIL APPLICATION NO. 534 OF 2017
GST
S. C. Dharmadhikari And Prakash D. Naik, JJ.
Mr. V. Sridharan, Senior Counsel a/w Mr. Jas Sanghavi i/by PDS Legal for the Petitioner
Mr. Swapnil Bangur a/w Shalaka A. Gujar Karande for Respondent
ORDER
P. C.
We have heard on earlier occasion Mr. Prakash Shah and today Mr. Sridharan, the learned Senior Counsel appearing for the Petitioner and Mr. Bangur appearing for the Respondents.
2 There is an affidavit-in-reply filed in terms of our earlier directions. Mr. Sridharan, on instructions, states t
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
evision Authority. If the petitioner succeeds then amount of Rs. 5,07,59,409/included in eight Rebate orders sanctioned by Deputy Commissioner (Rebate) that is already with the Petitioner gets approval of Revision Authority and no further action will be taken by the department for recovery of said amount. However, if the Petitioner fails then the Petitioner is required to pay Rs. 5,07,59,409/to the department and claim equivalent amount as credit. But in view of Section 142(3) of CGST Act, 2017, this amount is to be paid in cash. Thus, even if Petitioner fails no action will be taken by the department for recovery of said amount in view of enactment of transitional provisions under the CGST Act. Hence there is no gain to either the petition
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =