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MOHAMMAD SHAMASHER vs. STATE OF WEST BENGAL & ANOTHER
(Calcutta High Court)

Hon'ble Judges:

ARINDAM MUKHEREJEE
Pet. Counsel
Dhiraj Lakhotia
Radhika Agarwal
Res. Counsel
Subir Kr. Saha
Dilip Kumar Agarwal

Petitioner / Applicant

MOHAMMAD SHAMASHER

Respondent STATE OF WEST BENGAL & ANOTHER
Court Calcutta High Court
State

West Bengal

Date May 24, 2024
Order No.

WPA 835 of 2024

Citation

2024(5) TAXREPLY 9748
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ORDER

JUDGMENT ARINDAM MUKHERJEE, J.: 1. The present writ petition has been filed inter alia praying for recalling and/or cancelling and/or rescinding the penalty imposed by an order dated 27th March, 2024 passed by the Adjudicating Authority under Section 129 (3) of the West Bengal Goods and Services Tax Act, 2017 (hereinafter referred to as the WBGST Act) pursuant to a direction given by this Court vide an order dated 1st February, 2024 passed in WPA 85 of 2024. I. Facts of the case: a) One unregistered person (in short URP) namely Pisi Suriya Singhpo of Arunachal Pradesh was returning a Hyundai make Excavator machine (hereinafter referred to as JCB) to the petitioner at its place of business at Gaya, Bihar. The petitioner holds a GSTN number being 10BMYPS0695E1ZP. The said JCB had been taken on hire from the petitioner for road excavation work. b) On 18th April, 2023 an E-way bill was generated by the petitioner for transportation of the said JCB as “inward jo....

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