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2025 Supreme(Online)(Tel) 67480

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE THE CHIEF JUSTICE APARESH KUMAR SINGH,THE HONOURABLE SRI JUSTICE G.M. MOHIUDDIN
Commscope India Private Limited – Appellant
Versus
The Additional Commissioner (Appeals-I) – Respondent


THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN

ORDER:

Sri Narendra Dave, learned counsel appears for M/s. Lakshmi Kumaran & Sridharan, learned counsel for petitioner.

Smt. Bokaro Sapna Reddy, learned Senior Standing Counsel for Income-tax appears for respondents.

2. In the appeal preferred by the department under Section 107(2) of the Central Goods & Services Tax Act, 2017 (for short ‘CGST Act’) against Refund Sanction Order (RFD-06) dated 07.10.2022, passed by respondent No.2/Refund Sanctioning Authority/original authority - Deputy Commissioner of Central Tax, Gachibowli Division, Rangareddy Commissionerate, the appellate authority vide impugned order dated 29.09.2023 has set aside the said order holding that the Refund Sanctioning Authority has erred in classifying the service as export of service without examining nature of service, pla

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