M/S. Vfpl-Asipl Jv Company & Anr vs The State Of West Bengal & Ors

Citation : 2022 Latest Caselaw 3136 Cal
Judgement Date : 9 June, 2022

Calcutta High Court (Appellete Side)
M/S. Vfpl-Asipl Jv Company & Anr vs The State Of West Bengal & Ors on 9 June, 2022

9.6.2022 ks WPA 8938 of 2021 sl. 21 M/s. VFPL-ASIPL JV Company & Anr.

Vs The State of West Bengal & Ors. Mr. Sumeet Godadia, Mr. Avra Mamjumder, Ms. Sudeshna Mazumder, Sk. Md. Bilwal Hossain, ... For the Petitioners.

Mr. A. Roy, Ld. GP Mr. Soumitra Mukherjee, Mr. D. Ghosh ... For the State.

Affidavit-of-service filed in court be kept with the record.

Heard learned Advocates appearing for the parties. Issues involve in this writ petition is the petitioners' claim of purchasing HSD oil at a concessional rate under Section 8(1) of the Central Sales Tax Act relating to the relevant period in course of Inter-State sale and the issue of refund of tax paid by the petitioner in excess of concessional rate of tax to the Government of West Bengal through the oil dealer concerned in West Bengal and thirdly, non-acceptance of "C" forms for the relevant period, which were filed beyond time and both the parties agree that all these issues are covered by my judgment dated 6th December, 2021 passed in WPA 5306 of 2021(M/s. Tata Steel Ltd. & Anr. vs. State of West Bengal & Ors).

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Accordingly, this writ petition, being WPA 8938 of 2022 is disposed of by allowing the same by holding that on principle, this case is covered by the judgment dated 6th December, 2021, M/s. Tata Steel Ltd. & Anr.(Supra) and the case of the petitioners will be governed by the aforesaid judgment and legal consequence will follow accordingly.

( Md. Nizamuddin, J. )