Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Goods and Services Tax

Calcutta High Court Dismisses GST Writ for Appeal Delay, Imposes ₹50,000 Costs

Case Law Details

TaxGuru Citation
2025 taxguru.in 8725
Case Name
Titagarh Rail Systems Ltd. Vs Deputy/Joint Commissioner (Calcutta High Court)
Date of Judgement/Order
Only available for paid members
Advertisement

Titagarh Rail Systems Ltd. Vs Deputy/Joint Commissioner (Calcutta High Court)

The petitioner filed the writ petition being aggrieved by an order passed under Section 73 of West Bengal Goods and Services Tax(‘WBGST’) Act 2017. However, the writ petition was filed after a delay of nearly eight months of passing of order.

In addition to above, the Petitioner had also questioned the determination of demand by filing of rectification application contending that there exists an error in the order. However, the same was also rejected in due course by the Proper officer contending that the Taxpayer has failed to understand the computation of ineligible amount of ITC.

The Court considered the arguments advanced by the Petitioner and the Respondents and observed as under:

1. The Court is of view that considering the facts of the case, no relief can be afforded to the Petitioner.

2. The Petitioner’s case neither involves the violation of principles of natural justice nor involves issue in relation to order passed by an authority without jurisdiction.

In view of the above, the Court observed that that the above order does not call for any interference. Accordingly, the court dismissed the petition with costs of INR 50,000/- to be paid by the petitioner to the Calcutta High Court Legal Services Committee.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Nipun Arora
Qualification: LLB
Company: Arora Nipun & Associates
Location: Delhi, Delhi
Articles Published: 45

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.