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ASSISTANT COMMISSIONER, STATE TAX AND OTHERS vs. ASHOK KUAMR SUREKA (SUBHAM STEEL)
(Calcutta High Court)

Hon'ble Judges:

T. S. SIVAGNANAM
HIRANMAY BHATTACHARYYA
Pet. Counsel
T. M. Siddique
Soumitra Mukherjee
Debasish Ghosh
Res. Counsel
Ankit Kanodia
Himangshu Kumar Ray
Megha Agarwal

Petitioner / Applicant

ASSISTANT COMMISSIONER, STATE TAX AND OTHERS
Respondent ASHOK KUAMR SUREKA (SUBHAM STEEL)
Court Calcutta High Court
State

West Bengal

Date May 12, 2022
Order No.

MAT 470 of 2022 With I.A. No.CAN 1 of 2022

Citation

2022(5) TAXREPLY 5819
Original Order
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ORDER

1. This intra Court appeal at the instance of the department is directed against the order dated 1st March, 2022 in W.P.A. No.11085 of 2021. In the said writ petition, the respondent herein challeged the order passed by the Joint Commissioner (Appeal), CGST and CX, Kolkata Appeal – I Commissionerate dated 18th March, 2021. The said appeal filed before the Joint Commissioner was directed against the order of demand of tax and penalty in Memo dated 11th September, 2019 issued by the Assistant Commissioner of State Tax, Durgapur Range and summary of order under reference dated 11th September, 2019 passed by the Assistant Commissioner of State Tax, Kolkata South. 2. The learned single Bench while noting the fact found that the detention of the vehicle along with the goods and the demand of tax and penalty not to be justified on the ground that the eway bill, which was being carried in the vehicle transporting the goods had expired on the midnight of 8th September, 2019 and the....

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