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Case Law Details

Case Name : Sondeep Paul Vs Union of India & Ors. (Calcutta high court)
Appeal Number : WPA No. 8698 of 2022
Date of Judgement/Order : 20/03/2023
Related Assessment Year :
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Sondeep Paul Vs Union of India & Ors. (Calcutta High Court)

The writ petition has been filed alleging inaction of the West Bengal State Rural Development Agency (in short ‘WBSRDA’), which is an agency under the department of Panchayat and Rural Development. The petitioner is granted liberty to incorporate the State of West Bengal through the Secretary, Department of Panchayat and Rural Development as a respondent.

Ms. Chaitali Bhattacharya learned senior government advocate accepts notice on behalf of the said respondent.

The writ petition has been filed for a direction upon the WBSRDA to pay the GST claim to the petitioner as submitted on November 20, 2018, pursuant to the communication of the Ministry of Rural Development, Government of India, dated June 6, 2018. The petitioner submits that the calculation was as per the guidelines of the Union of India, but the WBSRDA has failed to apply the correct parameters in this regard which was forwarded by the Union of India on the basis of a calculation made under the Rajasthan VAT Law.

It is submitted by the learned advocate for the WBSRDA that the parameters laid down as per the calculation of the Rajasthan VAT Law forwarded by the Government of India along with the communication dated June 6, 2018, a format has been created by the WBSRDA in order to facilitate the refund of GST.

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