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HALDIA NIRMAN PROJECT PRIVATE LIMITED & ANOTHER vs. THE ADDITIONAL COMMISSIONER OF CGST & CX, HALDIA COMMISSIONERATE & OTHERS
(Calcutta High Court)

Hon'ble Judges:

RAJA BASU CHOWDHURY
Pet. Counsel
Ankit Kanodia
Megha Agarwal
Piyush Khaitan
Res. Counsel
Bhaskar Prosad Banerjee

Petitioner / Applicant

HALDIA NIRMAN PROJECT PRIVATE LIMITED & ANOTHER

Respondent THE ADDITIONAL COMMISSIONER OF CGST & CX, HALDIA COMMISSIONERATE & OTHERS
Court Calcutta High Court
State

West Bengal

Date May 13, 2024
Order No.

WPA 10162 of 2024

Citation

2024(5) TAXREPLY 9817

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ORDER

1. The present writ petition has been filed, inter alia, challenging the order dated 31st January, 2024 passed under Section 74 of the Central Goods and Services Tax Act, 2017/West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as the “said Act”). 2. The primary challenge in the writ petition is with regard to initiation of a proceeding by the Central Goods and Services Tax authorities by invoking the extended period as provided for under Section 74 (1) read with subsection (10) by issuing a show cause notice dated 2nd August, 2023 in respect of alleged violation for the financial year 2017-18 to 2021-22. 3. Mr. Kanodia, learned advocate representing the petitioners by drawing attention of this Court to the show cause notice dated 2nd August, 2023, submits that the said show cause notice has been issued beyond the ordinary period of limitation. According to him, certain bald statements have been made at paragraph 4 of the said show cause notice ....

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