TMI Blog2019 (2) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... NA HIGH COURT - TMI X X X X Extracts X X X X X X X X Extracts X X X X ..... opinion of this Court rendered in the case of Shapoorji Paloonji & Company Pvt. Ltd. vs. Commissioner, Customs Central Excise and Service Tax arising in CWJC No.16965 of 2015, a copy of which is enclosed at Annexure 6 to the writ petition. This matter was heard last on 10.01.2019 when Mr. Anshuman Singh, learned counsel for the Customs, Central Excise and Service Tax department and Mr. Girijish K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is on the request made by the learned counsel for the petitioner that the matter was adjourned and has been taken up today when an interlocutory application bearing I.A. No.01 of 2019 is filed and now the petitioner claims refund in terms of Clause 35 of the general conditions of the contract entered in between the parties, the extract of which is enclosed with Annexure-1 at running page 18. Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd acceptable but since no counter affidavit is filed to support such submission by 'the Corporation' and a representation in this regard is on record at Annexure-5 dated 12.10.2017 whereunder the petitioner placing reliance on Clause 35 of the general conditions of contract has sought for reimbursement of service tax amount, we would direct the Managing Director of the 'Corporation' to dispose of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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