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ASIAN SWITCHGEAR PRIVATE LIMITED vs. STATE TAX OFFICER
(Calcutta High Court)

Hon'ble Judges:

AMRITA SINHA
Pet. Counsel
Boudhayan Bhattacharyya
Stuti Bansal
Res. Counsel
Subir Kumar Saha
Bikramaditya Ghosh

Petitioner / Applicant

ASIAN SWITCHGEAR PRIVATE LIMITED

Respondent STATE TAX OFFICER
Court Calcutta High Court
State

West Bengal

Date Mar 3, 2023
Order No.

WPA 340 of 2023

Citation

2023(3) TAXREPLY 7071

Original Order
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ORDER

JUDGMENT AMRITA SINHA, J.:- The petitioner is aggrieved by the order passed by the adjudicating authority subsequently affirmed by the appellate authority imposing penalty under Section 129(3) of the West Bengal Goods and Services Tax Act, 2017. Prayer has been made for setting aside the aforesaid orders with a direction for refund of the penalty amount. The e-way bill in question was generated on 10th June, 2022 and the same was valid upto 21st June, 2022. The vehicle number against which the e-way bill was generated was specifically mentioned therein. The goods which were being transported against the aforesaid e-way bill were intercepted on 19th June, 2022, from a different conveyance, not mentioned in the e-way bill. On demand, the person in charge of the goods and conveyance failed to produce any document in support of the said goods being transported by a different conveyance. As there was failure on the part of the person in charge to produce documents in supp....

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