PANACEA BIOTEC LIMITED v. UNION OF INDIA & ORS. – BOMBAY HIGH COURT
High Court, Bombay
B.P. Colabawalla, Justice & FIrdosh P. Poonawalla, Justice
PANACEA BIOTEC LIMITED
v.
UNION OF INDIA & ORS.
WRIT PETITION No.13587 of 2024 dated 21.01.2025
Law : GST
Act Name : Central Goods & Service Tax Act, 2017
Decision : In favour of assessee
Levy of GST on a Deed of Assignment – Land and building transferred by lessee to 3rd party – Petitioner submits transaction should fall within Item 5 of Schedule III and not under Item 2 of Schedule II of the Act,2017 – Show cause notice issued -Thereafter impugned order passed without taking into consideration the reply filled – HELD: Writ Petition disposed of – Impugned order quashed – Authority directed to again adjudicate the show cause notice -Petitioner can file detailed reply to notice within a period of 2 weeks from today – Authority give a personal hearing to petitioner after reply is being filed and only thereafter pass any order on notice.
Represented By:
Counsel for the Petitioner: Abhishek Rastogi, Pooja, Rastogi, Meenal Songire, & Arya More, Advocate
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