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DRB INFRASTRUCTURE PVT. LTD. & OTHER vs. THE STATE OF WEST BENGAL & OTHERS
(Calcutta High Court)

Hon'ble Judges:

BIBEK CHAUDHURI
Pet. Counsel
Rima Sarkar
Sidhi Sethia
Res. Counsel
Subir Kumar Saha
Bikramaditya Ghosh

Petitioner / Applicant

DRB INFRASTRUCTURE PVT. LTD. & OTHER

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

West Bengal

Date Feb 10, 2023
Order No.

W.P.A. 314 of 2023

Citation

2023(2) TAXREPLY 6976

Original Order
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ORDER

Bibek Chaudhuri, J. The petitioner No.1 is a construction Company who was entrusted with sub-contract for earth excavation, embankment/subgrade work and drain work on the four/six lane access controlled expressway at Jammu in the State of Jammu and Kashmir. In order to carry out the said work, petitioner No.1 transported its own machinery from Arunachal Pradesh to Jammu by two trailers through a third party consignment. On 26th December, 2022, the said trailers were incepted by respondent No.3. The driver of the vehicle was asked to produce e-way bill, tax invoice and delivery challans. The driver could produce the e-way bill but failed to produce the tax invoice and delivery challans. Subsequently, the petitioner No.2 being the authorized representative of petitioner No.1 Company, personally met the adjudicating authority and on 21st January, 2023 he was informed that the trailer can only be released if petitioner No.1 pays penalty for a sum of Rs.7,00,000/-. The petitioner....

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