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2018 Supreme(Bom) 3000

P.N.DESHMUKH, SWAPNA JOSHI
Cuisines Private Limited – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
S. Kantawala, with A.M.Sudame, Advocates, for the Appellant; S.A.Chaudhari, Advocate, for the Respondent No. 1; A.D.Sonak, A.G.P, for the Respondent No. 2

JUDGMENT

P. N. Deshmukh, J. (Oral) - Present petition is filed by the petitioner seeking issuance of Writ of Mandamus directing the respondents to exempt the petitioner from charging applicable taxes under the GST Legislations on sale of cosmetic products, perfumes etc. to the International passengers and claim refund of any input tax paid on input supplies and input services from the retail shop which the petitioner intends to set up at the Domestic Security Hold Area at Dr.Babasaheb Ambedkar International Airport (hereinafter referred to as "the Nagpur Airport").

2. It is submitted that presently sale of similar products to international passengers are permitted without levy of Customs duty and applicable taxes under the CGST/IGST/SGST from the duty free shops located in the arrival and departure halls of "International Airports" in India. Petitioner, therefore, claims that similar benefit should be granted to him so that he can sell the products to International passengers who commence their journey from Nagpur Airport and thereafter, depart from India from a transit International Airport in India from his shop located at the Domestic Security Hold Area at Nagpur. Learned Counsel

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