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Calcutta HC Stays Orders in Revenue-Neutral IGST Credit Error Case Without Conditions

Case Law Details

Case Name
Wilhelmsen Port Services India Private Limited And Anr. Vs State of West Bengal And Ors. (Calcutta High Court)
Date of Judgement/Order
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Wilhelmsen Port Services India Private Limited And Anr. Vs State of West Bengal And Ors. (Calcutta High Court) Calcutta High Court ruled in favor of Wilhelmsen Port Services India Pvt. Ltd. in an intra-court appeal against an interim order requiring a 10% payment of the disputed tax amount. The case involved an error in claiming Input Tax Credit (ITC), where the petitioners mistakenly claimed IGST credit of ₹19,12,857 instead of CGST and WBGST credits of ₹9,56,429.12 each. The court found this to be a revenue-neutral issue, as there was no actual loss to the government. Typically, appellat...
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