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Bombay High Court

THE COMMISSIONER OF SALES TAX , MSversusASSOCIATED CEMENT CO, LTD.

Decided
Disposal
DISPOSED OFF

Holding

The Court ordered that the reference be listed again on 29 October 2026 for further consideration.

Summary

The Commissioner of Sales Tax filed a reference against Associated Cement Company Limited. The Applicant’s Additional Government Pleader, Ms. Jyoti Chavan, sought to have the matter listed again on 29 October 2026 so that she could obtain further instructions and determine whether the issues were covered by a prior judgment dated 5 August 2025 in the same parties. The Court, after hearing the request, ordered that the case be listed again on the said date. No substantive merits of the tax dispute were decided. The order was procedural, directing a further hearing.

Issues considered

  • What is the appropriate procedure for re‑listing the reference to ascertain if the present issues are covered by the earlier judgment of 5 August 2025?

Subjects

  • sales tax
  • procedural order
  • re‑listing
  • reference application
  • tax litigation

Judgment

                                                                       903 STR 41-17-OS.DOC




                                                                                 Priya Soparkar

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION


                                   SALES TAX REFERENCE NO. 41 OF 2017
                      The Commissioner of Sales Tax                           …Applicant
                            Versus
                      Associated Cement Company Limited                     …Respondent


                      Ms. Jyoti Chavan, Addl. GP with Mr. Himanshu Takke, AGP, for the
                             Applicant-State.
                      Mr. P. C. Joshi, for the Respondent.


                                           CORAM: SUMAN SHYAM &
                                                  GAUTAM A. ANKHAD, JJ.
                                           DATED:      8th OCTOBER, 2026.
                      PC:-
                      1.     At the request of Ms. Jyoti Chavan, learned Additional

                      Government Pleader, list this matter again on 29 th October 2026, so

                      as to enable her to obtain instructions and appraise this Court, if

                      the issues involved in present proceeding is covered under the

                      Judgment and Order dated 5 th August, 2025 passed by the Co-

                      ordinate Bench of this Court in the case of The Commissioner of

                      Sales Tax Vs Associated Cement Company Limited in Sales Tax
         Digitally
         signed by
         PRIYA
PRIYA
RAJESH
         RAJESH
         SOPARKAR
SOPARKAR Date:
                      Reference No. 20 of 2010 in Reference Application No. 02 of 2003.
         2026.10.08
         14:45:43
         +0530




                      (GAUTAM A. ANKHAD, J.)                        (SUMAN SHYAM, J.)
                                                                                              {




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