2019 (2) TMI 1181

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....A HIGH COURT - TMI<br>PATNA HIGH COURT - HC (Judgement / Order / Decisions)<br>Dated:- 17-1-2019<br>Civil Writ Jurisdiction Case No.15084 of 2018 - -<br>Service Tax<br>Mr. Justice Jyoti Saran And Mr. Justice Arvind Srivastava For the Petitioner : Ms. Archana Sinha, Advocate., Ms. Manisha Singh, Advocate. For the Respondent-Customs : Mr. Anshuman Singh, CGC. For the Respondent-BSEIDC : Mr....

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....king such prayer relies upon a Division Bench 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 Exci....

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....titled to the benefit under the notification. It 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 i....