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DEPUTY COMMISSIONER, BUREAU OF INVESTIGATION SOUTH BENGAL vs. NIDHI MADHOGARIA AND OTHERS
(Calcutta High Court)

Hon'ble Judges:

T. S. SIVAGNANAM
HIRANMAY BHATTACHARYYA
Pet. Counsel
A. Ray
T. M. Siddiqui
Debasish Ghosh
Res. Counsel
Rita Mukherjee
Rowsan Kumar Jha
Abhijat Das

Petitioner / Applicant

DEPUTY COMMISSIONER, BUREAU OF INVESTIGATION SOUTH BENGAL
Respondent NIDHI MADHOGARIA AND OTHERS
Court Calcutta High Court
State

West Bengal

Date Feb 18, 2022
Order No.

MAT 1332 of 2021 With IA No. CAN 1 of 2021 IA No. CAN 2 of 2019 (Old No. CAN 5519 of 2019)

Citation

2022(2) TAXREPLY 5504
Original Order
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ORDER

This appeal has been filed by the State challenging the order dated 07.12.2021 in WPA 17611 of 2021 (Nidhi Madhogaria vs. Assistant Commissioner, Bureau of Investigation, South Bengal, Durgapur Zone). In the above writ petition, the petitioner Mrs. Nidhi Madhogoria was the wife of late Mohit Madhogoria, who was a registered dealer under the provisions of the W.B.V.A.T. Act presently under the GST Act. The writ petition has been filed challenging the order of detention passed by the authority detaining two trucks containing consignment of steel and other products. The order impugned before us is the interim order issued by the learned Single Judge directing release of the goods alongwith vehicle taking note of the fact that the appellant who is the wife of the deceased dealer has paid 100% of the disputed tax and further 10% of the disputed tax. The prima facie conclusion arrived at by the learned Single Judge was on account of the fact that as of now the GST Tribunal is not ....

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