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BHAKAT BATTERY HOUSE & OTHERS vs. THE STATE OF WEST BENGAL & OTHERS
(Calcutta High Court)

Hon'ble Judges:

RAJA BASU CHOWDHURY
Pet. Counsel
Rita Mukherjee
Pranit Bag
Ghanshyam Jha
Res. Counsel
Anirban Ray
T. M. Siddiqui
Tanoy Chakraborty

Petitioner / Applicant

BHAKAT BATTERY HOUSE & OTHERS

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

West Bengal

Date Aug 14, 2024
Order No.

WPA 16328 of 2024

Citation

2024(8) TAXREPLY 10577

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ORDER

1. Affidavit of service filed in Court today is taken on record. 2. The present writ petition has been filed, inter alia, challenging the adjudication order dated 31st October, 2023, passed under Section 73(9) of the CGST/WBGST Act, 2017 (hereinafter referred to as the “said Act”). 3. Ms. Mukherjee, learned advocate appearing on behalf of the petitioners would submit that although a notice in Form GST DRC -01 dated 29th August, 2023 was served and despite the fact that the petitioners had responded to the same appropriately explaining why the proceedings should be dropped, the proper officer under the said Act by glossing over the petitioners’ response had purported to pass the order under Section 73(9) of the said Act. 4. She submits that no opportunity of hearing was either afforded or granted to the petitioners, though the statute itself contemplates grant of such opportunity, irrespective of the fact whether the petitioners made a request in writing....

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