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DELTA GOODS PRIVATE LIMITED & ANOTHER vs. THE UNION OF INDIA & OTHERS
(Calcutta High Court)

Hon'ble Judges:

T.S. SIVAGNANAM
BIVAS PATTANAYAK
Pet. Counsel
Himangshu Kumar Ray
Piyas Chowdhury
Subhasis Podder
Res. Counsel
T. M. Siddiqui
T. Chakraborty
S. Sanyal

Petitioner / Applicant

DELTA GOODS PRIVATE LIMITED & ANOTHER

Respondent THE UNION OF INDIA & OTHERS
Court Calcutta High Court
State

West Bengal

Date Sep 24, 2024
Order No.

F. M. A. 1169 of 2024 With IA No. CAN 1 of 2024

Citation

2024(9) TAXREPLY 12079

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ORDER

JUDGMENT (Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.) 1. This intra-Court appeal by the unsuccessful writ petitioners is directed against the order dated 21st August, 2024 in W.P.A. No.15504 of 2024. The appellants had filed the writ petition challenging the order passed by the appellate authority dated 13th March, 2024 dismissing the appeal filed by the appellants as it was time-barred. 2. The appellants cannot fault the appellate authority’s order since the appeal was filed much beyond the condonable period. Therefore, the appellate authority was right in rejecting the appeal on the ground of it being barred by limitation as he had no power to condone the delay beyond the period of four months (3+1). Thus, the learned Single Bench was justified in not entertaining the writ petition. 3. However, after elaborately hearing the learned advocates for the parties and perusing the facts of the case, it is seen that the appellants did not respond to....

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