2016 (11) TMI 833

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.... and Ms. Bela A. Prajapati, Advocates, for the Applicant. Shri Anand Nainawati, Devang Vyas and Gaurang H. Bhatt, Advocates, for the Respondent. ORDER [Order per : Akil Kureshi, J. (Oral)]. - Applicant seeks recall or review of our judgment dated 16-6-2016 passed in Special Civil Application No. 3150 of 2016 [2016 (44) S.T.R. 211 (Guj.)], on the ground that the applicants vital interests ....

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....ay the same amount second time. 4. By the said judgment dated 16-6-2016, we had prevented from recovering such sum from the FCI by making following observations : "9. Be that as it may, question is, can the Central Government seek direct recovery from FCI with the aid of the Section 87 of the Finance Act of 1994? 10. Perusal of this provision would show that the powers vest....

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....service was not joined as a respondent. In that background, the grievance of the applicant is that the FCI had already recovered from the contractor the service tax collected on such service. The contractor therefore, cannot be held liable to pay the service tax to the Central Government. These facts were not brought to the notice of the Court since no opportunity was given to the applicant. Inter....