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LIAKHAT ALI MALLICK vs. THE STATE OF WEST BENGAL & OTHERS
(Calcutta High Court)

Hon'ble Judges:

T.S. SIVAGNANAM
UDAY KUMAR
Pet. Counsel
Avra Mazumder
Suman Bhowmik
Res. Counsel
Anirban Ray
T. M. Siddiqui

Petitioner / Applicant

LIAKHAT ALI MALLICK

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

West Bengal

Date Jun 16, 2023
Order No.

M.A.T. No.823 of 2023 With IA No. CAN 1 of 2023

Citation

2023(6) TAXREPLY 7583

Original Order
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ORDER

JUDGMENT This intra-Court appeal by the writ petitioner is directed against the order dated 27th April, 2023 in W.P.A. No.7454 of 2023. The appellant had challenged the garnishee notice dated 13th February, 2023 on the ground that the appellant has paid the entire tax as demanded and has also preferred an appeal before the appellate authority and before the expiry of the period for filing the appeal, the garnishee notice was issued. 2. The learned Single Bench has granted stay of the garnishee notice but has imposed a condition that the appellant has to deposit 20% of the interest liability, which was originally quantified as Rs.31,58,936/-, subsequently rectified as Rs.29,85,527/-. 3. In terms of Section 107(7) of the CGST Act read with Section 107(6) for preferring an appeal, the aggrieved assessee is required to deposit 10% of the disputed tax. It is not in dispute that the appellant has paid the entire tax, which has been noted in the order dated 19th December, 2022 ....

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