Aryavrata Steel Pvt. Ltd. Vs. Inspector of CGST and Ors. – Calcutta High Court

(2023) taxcode.in 143 HC

IN THE HIGH COURT OF CALCUTTA

Aryavrata Steel Pvt. Ltd.
v.
Inspector of CGST and Ors.

WPA 14982 of 2023
Decided on 12-Jul-23

Mr. Justice Md. Nizamuddin

Add. Info:

For Appellant(s): Mr. Akshat Agarwal

For Respondent(s): Mr. Vipul Kundalia, Mr. Arunava Ganguly, Mr. Shiv Shankar Banerjee, Ms. Manasi Mukherjee.

Judgment/Order:

Heard learned advocates appearing for the parties.

By this writ petition, petitioner has challenged the impugned order of the appellate authority dated 25^th January, 2023, under the WBGST Act, dismissing the appeal of the petitioner by confirming the order of the adjudicating authority imposing tax and penalty for expiry of the validity of the period of e-way bill, such period is just three hours. Petitioner produced the documents explaining the reason of such expiry of e-way bill which is due to mechanical fault in the vehicle transporting the goods in question.

Considering the facts and circumstances of the case and taking into consideration that period of expiry of e-way bill is very minor i.e. just only three hours and the reason for such expiry is supported with relevant documents, the aforesaid impugned order of the adjudicating authority and the order of the appellate authority are set aside and as a consequence petitioner will be entitled to get refund of the penalty and tax in question expeditiously, preferably within a period of one week from the date of communication of this order.

With this observation and direction, this writ petition being WPA 14982 of 2023 is disposed of.

( Md. Nizamuddin, J.)

Original judgment copy is available here.