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ISHAAN PLASTICS PVT. LTD. & ANOTHER vs. THE DEPUTY COMMISSIONER OF STATE TAX BUREAU OF INVESTIGATION (SOUTH BENGAL) DURGAPUR ZONE & OTHERS
(Calcutta High Court)

Hon'ble Judges:

NIZAMUDDIN, J.
Pet. Counsel
Ankit Kanodia
Megha Agarwal
Jitesh Sah
Res. Counsel
A. Ray
T. M. Siddiqui
T. Chakraborty

Petitioner / Applicant

ISHAAN PLASTICS PVT. LTD. & ANOTHER

Respondent THE DEPUTY COMMISSIONER OF STATE TAX BUREAU OF INVESTIGATION (SOUTH BENGAL) DURGAPUR ZONE & OTHERS
Court Calcutta High Court
State

West Bengal

Date Sep 20, 2023
Order No.

WPA 22612 of 2023

Citation

2023(9) TAXREPLY 8548

Original Order
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ORDER

ORDER Heard learned advocates appearing for the parties. 2. By this writ petition, petitioner has challenged the impugned order of the appellate authority under WBGST Act confirming the order of the adjudicating authority imposing the penalty for transporting the vehicle in question after expiry of the e-way bill which was expired on 27.12.2022 at 11.59 p.m. and the vehicle in question was intercepted at 8.37 a.m. on 28.12.2022 that there is a time gap between the expiry of the bill and interception of the vehicle in question is about 9 hrs., which is less than a day and writ petitioner submits that there was no intention of any evasion of tax on the part of the petitioner. 3. Learned advocate appearing for the petitioner in support of his contention relies on an order of this Court dated 1st March, 2022 in WPA No. 11085 of 2021 in the case of Ashok Kumar Sureka – Vs – Assistant Commissioner, State Tax, Durgapur Range and also a Division Bench decision of thi....

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