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Arvind Mills Ltd Versus The State of Gujarat

2016 (9) TMI 718 - GUJARAT HIGH COURT

Tax liability - section 60 of the Gujarat Sales Tax Act, 1969 - sale of electricity and steam generated from its captive plant to its sister concern - Condition 6 of Notification dated 1st April, 1992 and Entry 69 - Final Eligibility Certificate - Permanent Premier Registration - Held that: - Every citizen has a right to seek protection of the courts in respect of his grievances. The respondents, therefore, as a condition precedent for processing the Final Eligibility Certificate, could not have .....

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required to proceed further and consider the grant of Final Eligibility Certificate and Permanent Premier Registration - petition disposed off - decided in favor of petitioner. - Special Civil Application No. 17639 of 2005, Special Civil Application No. 5527 of 2014 - Dated:- 6-5-2016 - Harsha Devani And G. R. Udhwani, JJ. For the Petitioner : Mr SN Soparkar, Sr. Advocate With Mr Bh Chhatrapati, Advocate For the Respondent : Ms Maithili Mehta, Assistant Government Pleader JUDGMENT ( Per : Honou .....

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y tax under section 60 of the Gujarat Sales Tax Act, 1969 etc. It appears that during the pendency of the said petitions, assessments came to be framed in relation to some of the show-cause notices which came to be challenged by the petitioner before the appellate authority and the same are pending adjudication before the concerned authorities. This court vide interim orders had directed the petitioner to deposit 40%/45% of the amount mentioned in the show-cause notices for the purpose of contin .....

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with Mr. Parth Contractor, learned advocate for the petitioner and Ms. Maithili Mehta, learned Assistant Government Pleader for the respondents. 4. As can be seen from the decision taken by the High Powered Committee, the Committee has decided that one of the conditions for processing Final Eligibility Certificate of the petitioner is that the company should withdraw the case against the Government from the High Court. Under section 28 of the Contract Act, an agreement in restraint of legal pro .....

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called upon the petitioner to first withdraw the petition filed before this court. Be that as it may. It is not necessary to further dilate upon it in view of the fact that the petitioner has now agreed that though the petitioner has so far contended that it was open to it to transfer power and steam to its associate company and the said transaction would not be exigible to levy of any sales tax, in order to put an end to the controversy, the petitioner agrees that on the respondents agreeing to .....

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