Natraj Electro Casting Pvt. Ltd. Vs Commissioner (Calcutta High Court)
The Hon’ble Calcutta High Court in M/s Natraj Electro Casting Private Limited. v. Commissioner, CGST & Central Excise (Appeal), Siliguri Appeal Commissionerate and others stayed the recovery of the balance amount forming subject matter of the demand as confirmed by the proper officer by his order dated 25th April, 2023 until further orders of this Court.
The Petitioner challenging the order dated 17th October, 2023, passed by the appellate authority under Section 107 of the Central Goods and Services Tax Act, 2017 since the petitioners’ submissions were not considered. The disputed question was that whether the petitioner is entitled to carry forward 100% Cenvat credit of capital goods as transitional input tax credit, under Section 140(2) of the said Act, without availing any credit under Central Excise Tax Regime.
The petitioner was represented by Advocates Mr. Vinay Shraff, Mr. Dev Kumar Agarwal, Ms. Swarnwarshi Poddar and for the CGST Authority Mr. Bhaskar Prasad Banerjee and Ms. Ekta Sinha.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. Affidavit of service filed in Court today is taken on record.
2. The present writ petition has been filed, inter alia, challenging the order dated 17th October, 2023, passed by the appellate authority under Section 107 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the “said Act”).
