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2015 Supreme(Raj) 354

MOHAMMAD RAFIQ
Interglobe Aviation Limited – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Shri Ramji Srinivasan, Senior Counsel, with Shri Anuroop Singhi, Shri Shivendra Kundra and Shri Rahul Sharma, Shri Kushagra Sharma, Shri O.P. Pareek and Shri Saurabh Jain, for petitioners
Shri R.B. Mathur with Shri Archit Bohra and Ms. Tanvi Sahai, counsel for respondents

ORDER

M/s Interglobe Aviation Limited through its Airport Manager (for short, ‘the petitioner-company’), has yet again approached this Court, by means of these writ petitions, inter-alia, with prayer that the order dated 20.09.2013 passed by respondent no.3 – Assistant Commercial Taxes Officer, Commercial Taxes Department, Circle-C, Ward-II, Jaipur (for short, ‘the assessing officer’), be quashed and set aside. Further prayer is made for issuance of a mandamus directing the respondents to return along-with interest the amount of Value Added Tax (for short, 'the VAT') of Rs.85,20,747/-for the period from 06.01.2007 to 31.03.2007 (Writ Petition No.21473/2013), Rs.6,11,37,585/-for the year 2007-08 (Writ Petition No.21474/2013) and Rs.4,12,30,035/-for the year 2008-09 (Writ Petition 21475/2013), (for short, referred to as 'first, second and third phase', respectively. This amount of VAT was wrongly collected by the Indian Oil Corporation Limited Jaipur from the petitioner-company, whereas, in view of exemption notifications issued by the State Government, petitioner-company having established a HUB in the State, was fully exempt from such tax during first and second phase and was liabl






















































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