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SARKAR DIESEL & ANOTHER vs. THE DEPUTY COMMISSIONER, STATE TAX, KRISHNAGAR CHARGE & OTHERS
(Calcutta High Court)

Hon'ble Judges:

T. S. SIVAGNANAM
HIRANMAY BHATTACHARYYA

Pet. Counsel

Himangshu Kumar Ray

Arup Dasgupta

Res. Counsel

Anirban Ray

T.m. Siddiqui

Petitioner / Applicant	SARKAR DIESEL & ANOTHER
Respondent	THE DEPUTY COMMISSIONER, STATE TAX, KRISHNAGAR CHARGE & OTHERS
Court	Calcutta High Court
State	West Bengal
Date	Jun 25, 2024
Order No.	FMA 604 of 2024, FMA 616 of 2024, FMA 617 of 2024 With IA No: CAN/1/2024
Citation	2024(6) TAXREPLY 10115
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HSN / SAC Code 9991

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ORDER
1. All these three appeals have been filed by the appellant challenging three orders passed in three writ petitions where the learned Single Judge declined to grant any interim order. With the consent of the learned Advocate for either side, the writ petition as well as the appeals are taken up for hearing by this common judgment and order. 2. Heard learned counsel for the respective parties elaborately. 3. The short issue which falls for consideration is whether the appellant authority namely Joint Commissioner of State Tax, Berhampore Circle had considered all the issues which have been raised by the appellant in their appeal petition. On a perusal of the order passed by the appellate authority dated 29.05.2023, we find that the only exercise done by the appellate authority is to interfere with the order passed by the Deputy Commissioner of State Tax, Krishnanagar on the ground that penalty could not have been imposed under Section 74 of the West Bengal Goods and Services ....