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2019 (7) TMI 588

eme Court, are concerned. According to Ms.Mehta, the State has also not been able to obtain any interim order from the Supreme Court. Ms. Mehta, once again prays for time. For one last time, we are adjourning this matter. Post this matter after 3 weeks. - R/SPECIAL CIVIL APPLICATION NO. 10531 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 10532 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 10533 of 2019 - 10-7-2019 - MR J. B. PARDIWALA AND MR MR A. C. RAO, JJ. For The Petitioner (s) : MR. APURVA N MEHTA (7202) And VIJAY H PATEL (7361) For The Respondent (s) : NOTICE SERVED BY DS (5) ORAL ORDER (PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) On 26.6.2019, this Court passed the following order : 1.00. Ms.Maithili Mehta, the learned AGP appearing for .....

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which in the aforesaid decisions it is held that the Dealer shall be entitled to interest under Section 54(1) (aa) of the Gujarat Sales Tax Act, 1969, on refund arising from the appellate order, Shri Pranav Trivedi, learned Assistant Government Pleader has submitted that facts in the present case are distinguishable to the facts of the case in Downloaded on : Wed Jul 10 12:09:01 IST 2019 C/SCA/10531/2019 ORDER State of Gujarat v. Doshi Printing Press and others. It is submitted that in the present case, refund has arisen because of the order passed by the Hon ble Supreme Court in determination proceedings which shall not be akin to even appellate proceedings. The aforesaid is not factually correct. In the present case, the proceedings befo .....

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)(aa) of the Gujarat Sales Tax Act, 1969 came to be set at rest by this Court in June, 2018. However, the SLP came to be preferred in April, 2019. We are informed that the Supreme Court has condoned the delay and the SLP has now been ordered to be posted for hearing. 4.00. If ultimately any interim order is passed by the Supreme Court, staying the operation of the order dated 29/06/2018 passed by this Court in Tax Appeal Nos.748/2018 to 751/2018, impugned in the SLP, it would be altogether a different scenario. However, as on date, the directions to pay the requisite amount with interest applicable is staring in the face of the State past five years. 500. Ms.Mehta submitted that all steps are being taken to see that the aforesaid SLP is tak .....

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