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DIPAK SARKAR vs. STATE OF WEST BENGAL AND OTHERS
(Calcutta High Court)

Hon'ble Judges:

RAVI KRISHAN KAPUR
Pet. Counsel
Himangshu Kr. Ray
Abhilsh Mittal
Res. Counsel
Subir Kr. Saha
Pretom Das

Petitioner / Applicant

DIPAK SARKAR

Respondent STATE OF WEST BENGAL AND OTHERS
Court Calcutta High Court
State

West Bengal

Date Sep 15, 2023
Order No.

WPA/2127/2023

Citation

2023(9) TAXREPLY 8058

Original Order
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ORDER

ORDER The writ petition is directed against an appellate order passed under Section 107 of the West Bengal Goods and Service Tax Act, 2017. Briefly, the petitioner is a contractor executing works for the State Government. The grievance of the petitioner is that the Notification dated 16th August, 2017 does not deal with payments made in the post GST regime in respect of contracts or outgoing projects where estimates had been approved before 1st July, 2017, i.e., those work orders which were given prior to GST regime but have been executed after GST regime. The petitioner also complains of the violation of the principles of natural justice and submits that no opportunity of hearing was given to the petitioner. On these grounds, the petitioner assails the impugned order. On behalf of the respondent authorities, it is submitted that it would be evident from the impugned order that the subject agreement was executed on 20th August, 2018 by the Superintending Engineer P.W.D. ....

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