2024 (8) TMI 1723

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....With Mr Uchit N Sheth(7336) For the Respondent(s) No : 1,2,3,4,5 ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs. "A. This Hon'ble Court may be pleased to strike down and declare Section 7(1)(c) of the GST Acts read with Schedule 1 to the GST A....

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....ed value of 1% per annum and the total tax calculated for all years is to be paid at the time of issuance of corporate guarantee is manifestly arbitrary, confiscatory, discriminatory and violating Article 14 of the Constitution of India as well as contrary to the scheme, object and purpose of the GST Acts; E. This Hon'ble Court may be pleased to issue a writ of mandamus or writ in the....

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....her prayers to challenge Rule 28(2) of the Central/Gujarat Service Tax Rules, 2017 as well as Circular dated 27th October, 2023 and Circular dated 11th July, 2024 (Annexure-C & Annexure-P respectively), it was submitted that the Hon'ble High Court of Delhi in case of Sterlite Power Transmission Ltd. v. Union of India being W.P. (C) No. 2966 of 2024 and Hon'ble Punjab & Haryana High Court in case o....

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....service by the petitioner for furnishing the corporate guarantee on behalf of its subsidiary. 2.2 Learned senior advocate Mr. Soparkar submitted, upon instructions, that the petitioner shall pay GST as per the impugned Rule 28(2) of the CGST/GGST Rules, 2017 read with Circular dated 27th October, 2023 from 01st August, 2024 under protest, subject to outcome of this petition. 3. Considering t....