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APARNAA SAREES PRIVATE LIMITED vs. STATE OF WEST BENGAL & OTHERS
(Calcutta High Court)

Hon'ble Judges:

T.S SIVAGNANAM
HIRANMAY BHATTACHARYYA
Pet. Counsel
Debanuj Basu Thakur
Atish Chakraborty
Res. Counsel
Anirban Ray
T. M. Siddiqui
Tanoy Chakraborty

Petitioner / Applicant

APARNAA SAREES PRIVATE LIMITED

Respondent STATE OF WEST BENGAL & OTHERS
Court Calcutta High Court
State

West Bengal

Date Jan 14, 2025
Order No.

R. V. W. 266 of 2024 With I. A. No. CAN 1 of 2024 and W. P. T. T. 60 of 2012

Citation

2025(1) TAXREPLY 12434

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ORDER

1. This review application has been filed by Aparnaa Sarees Private Limited to review the order passed by the Hon’ble Division Bench dated January 18, 2013 on the ground that as per the direction issued by the Hon’ble Division Bench, a portion of the amount to be refunded to the review applicant has been adjusted against the payments towards the Value Added Tax and the remaining amount is still lying with the department and after coming into force of the GST regime, there is no mechanism for adjustment and therefore, the review applicant prays for appropriate modification of the judgment and order. 2. It is not disputed by the respondents/revenue that there is no mechanism for refund of the amount, which was collected from the assessee during the VAT regime after coming into force of the G.S.T. regime. 3. Therefore, the judgment and order dated 18th January, 2013 is modified by directing the respondent authorities to refund the amount, which is lying with the dep....

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