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RESINOUS CHEMICALS (INDIA) PRIVATE LIMITED & ANOTHER vs. THE STATE OF WEST BENGAL & OTHERS
(Calcutta High Court)

Hon'ble Judges:

RAJA BASU CHOWDHURY
Pet. Counsel
Aman Agarwal
Shivansi Indoria
Res. Counsel
Anirban Ray
T.m. Siddiqui
Tanoy Chakraborty

Petitioner / Applicant

RESINOUS CHEMICALS (INDIA) PRIVATE LIMITED & ANOTHER
Respondent THE STATE OF WEST BENGAL & OTHERS
Court Calcutta High Court
State

West Bengal

Date Aug 28, 2024
Order No.

WPA 16435 of 2024

Citation

2024(8) TAXREPLY 11214
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ORDER

ORDER 1. Challenging a communication of rejection of appeal in Form GST APL – 02 dated 3rd April, 2024, the present writ petition has been filed. 2. Mr. Agarwal, learned advocate appearing on behalf of the petitioners submits that although the petitioners have a statutory right of appeal before the appellate tribunal, since the appellate tribunal is yet to be constituted, the present writ petition has been filed. By drawing attention of this Court to the order passed under Section 73 of the WBGST/CGST Act 2017 (hereinafter referred to as the “said Act”) dated 6th April, 2023 for the tax period July, 2017 to March, 2018, he submits that no reasons have been disclosed by the proper officer for determining the petitioners’ liability. According to Mr. Agarwal, the order passed by the proper officer under Section 73 is an ex-parte order and the petitioners were not aware with regard to the same. The concerned chartered accountant did not appropriately inti....

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