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Dharampal Satyapal Limited & 1 Versus State of Gujarat & 3

Applicability of Section 50 of the GVAT Act, 2003 - Movement of goods post-delivery to the CSA - Liability of tax - Tax already deposited under protest and CSAs have also sought further installments to pay such amount - Held that:- the respondents sh .....

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petitioners like provisional attachment or recovery till the finalization of all the assessments and till the statutory time limit for such payment post passing of such assessment orders has elapsed. In case the assessments are made beyond the statut .....

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d:- 3-5-2016 - Harsha Devani And G. R. Udhwani, JJ. For the Petitioner : Mr Mihir Joshi For the Respondent : Mr Kamal Trivedi ORDER ( Per : Honourable Ms. Justice Harsha Devani ) 1. Heard Mr. Mihir Joshi, Senior Advocate, learned counsel with Mr. Tan .....

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osed of in the following terms: (i) It has been contended on behalf of the petitioners that the respondents have repeatedly relied upon the provisions of section 50 of the Gujarat Value Added Tax Act, 2003 (hereinafter referred to as the GVAT Act ). .....

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ys meant for sale within the State of Gujarat. The allegation is on the movement of goods post-delivery to the CSA which is beyond the control of the petitioners. According to the petitioners, even otherwise section 50 of the GVAT Act relates to liab .....

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ame would absolve the purported liability of the petitioners for tax and such amount will have to be refunded to the petitioners. The Assessing Officer, while framing the assessment, shall take into consideration the above contentions raised by the p .....

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