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Bombay High Court

Schindler India Pvt Ltd vs The State Of Maharashtra And Anr on 9 July, 2024

Author: K. R. Shriram

Bench: K. R. Shriram

       Digitally
 2024:BHC-OS:10281-DB
       signed by
       MEERA
MEERA  MAHESH                                                  1/2                449-wp-1681-22.doc
MAHESH JADHAV
JADHAV Date:
       2024.07.15
       11:11:34
       +0530                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                                WRIT PETITION NO. 1681 OF 2022

                   Schindler India Pvt Ltd                           ...Petitioner
                         Versus
                   The State Of Maharashtra & Anr                    ...Respondents

                                                      ----
                   Mr. Ishan Patkar a/w Mr. Durgesh Desai and Mr. Vinit Raje i/b Alaksha
                   Legal for Petitioner.
                   Ms Jyoti Chavan, Addl GP for Respondents-State.
                                                      ----

                                                           CORAM : K. R. SHRIRAM &
                                                                   JITENDRA JAIN, JJ.

DATED : 9th JULY 2024 P.C. :

1 After the petition was heard for sometime, Ms Chavan in fairness stated that the impugned order dated 31 st March 2021 should have bifurcated the tax payable under Sections 6A(1) and (2) of the Central Sales Tax Act 1956 (the Act). The impugned order does not disclose any bifurcation. Ms Chavan states the impugned order be quashed and set aside and the matter be remanded for denovo consideration. Ordered accordingly.
2 The impugned order dated 31st March 2021 is hereby quashed and set aside and the matter is remanded for denvo consideration. The concerned authority shall pass a reasoned order separately showing the amounts payable under Sections 6A (1) and (2) of the Act, but before passing any order, a personal hearing shall be given to petitioner, notice Meera Jadhav ::: Uploaded on - 15/07/2024 ::: Downloaded on - 21/07/2024 02:57:10 ::: 2/2 449-wp-1681-22.doc whereof shall be communicated atleast five working days in advance. The order shall be passed on or before 30th September 2024. 4 All rights and contentions of the parties are kept open. 5 Petition disposed.
(JITENDRA JAIN, J.)                            (K. R. SHRIRAM, J.)




Meera Jadhav




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