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SUBODH KUMAR MONDAL vs. STATE OF WEST BENGAL & OTHERS
(Calcutta High Court)

Hon'ble Judges:

T.S. SIVAGNANAM
HIRANMAY BHATTACHARYYA
Pet. Counsel
Anil Kumar Dugar
Gobinda Dey
Rajarshi Chatterjee
Res. Counsel
Anirban Ray
T. M. Siddique
Debashis Ghosh

Petitioner / Applicant

SUBODH KUMAR MONDAL

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

West Bengal

Date May 11, 2023
Order No.

MAT 548 of 2023 With I.A. No. CAN 1 of 2023 With MAT 549 of 2023 With I.A. No. CAN 1 of 2023 With MAT 551 of 2023 With I.A. No. CAN 1 of 2023

Citation

2023(5) TAXREPLY 7396
Original Order
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ORDER

JUDGMENT (T.S. SIVAGNANAM, C.J.) 1. Since the issues involved in these appeals are common, all these appeals are taken up for hearing analogously and are being disposed of by this common judgement and order. 2. These appeals have been filed against the orders passed by the learned Single Bench declining to grant any interim order and directing the respondents to file their affidavits in opposition within a time frame with liberty to the appellant to file replies thereto. The orders impugned in the writ petitions are orders passed under Section 74(9) of the W.B.G.S.T. Act, 2017 (for brevity, the Act). Admittedly, the said orders are appealable orders. The appellant did not choose to file appeals but approached the learned Writ Court on the ground that opportunity of personal hearing has to be mandatorily granted in terms of Section 75(4) of the Act and this having not been granted, the orders dated 10th November, 2022 and 2nd December, 2022 are liable to be set aside. ....

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