M/S. Harsh Polyfabric Private Limited vs. Union Of INDIA And Ors.

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WPO/145/2025HC CalcuttaGSTCNR WBCHCO000782202506 May 2025Bench: HON'BLE JUSTICE RAJA BASU CHOWDHURY1 pages
AI SummaryDismissed

Facts

The petitioner, M/s. Harsh Polyfabric Pvt. Ltd., filed two writ petitions (WPO/1467/2023 and WPO/145/2025) before the Calcutta High Court. The judgment indicates that the petitioner sought a correction in an order dated 20th May, 2025. The Court, however, viewed this correction as being in the nature of a review. The specific details of the original order, the authority that passed it, the tax period(s), the amount in dispute, and the procedural history leading to the initial order are not recorded in the provided text.

Held

The Court held that the correction sought by the petitioner, being in the nature of a review, could not be allowed. Consequently, the unsigned order dated 20th May, 2025, was recalled. The reasoning provided is that a review is a specific legal process with its own procedures and grounds, and a simple correction request cannot substitute for it. The Court did not delve into the merits of the original order or the petitioner's underlying grievance, focusing solely on the procedural aspect of the request for correction. No specific provisions of the GST Act or Rules were discussed in relation to this decision. The Court's decision is based on the principle that a review cannot be sought through a miscellaneous application for correction.

Key Issues

1. Whether a correction sought by the petitioner, which is in the nature of a review, can be allowed by the Court? (Question of law) Petitioner's Contention: The petitioner sought a correction to an order dated 20th May, 2025. The nature of the correction sought and the specific grounds for it are not detailed. Revenue/State's Contention: The revenue and state authorities were represented, but their specific arguments or contentions regarding the petitioner's request for correction are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

OD-1 & 2 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURI ICTION ORIGINAL SIDE

WPO/1467/2023 M/S. HARSH POLYFABRIC PVT. LTD. VERSUS UNION OF INDIA & ORS.

WPO/145/2025 M/S. HARSH POLYFABRIC PVT. LTD. VERSUS UNION OF INDIA & ORS.

BEFORE : THE HON’BLE JUSTICE RAJA BASU CHOWDHURY Date: 21st May, 2025

Appearance : Mr. Rahul Tangri, Adv. Ms. Udita Saraf, Adv. …for the petitioner Mr. Tilak Mitra, Adv. Mr. Amit Sharma, Adv. …for the UoI in WPO/1467/2023 Mr. Somnath Ganguly, AGP Ms. Pratiti Das, Adv. ….for the State in WPO/1467/2023 Mr. Saptak Sanyal, Adv. …for the State in WPO/145/2025 Ms. Manasi Mukherjee, Adv. Mr. Bijitesh Mukherjee, Adv. …for the CGST in WPO/145/2025

The Court :- Since the correction sought for by the petitioner is in nature of the review, I am of the view that the same cannot be allowed. Accordingly, the unsigned order dated 20th May, 2025 stands recalled.

(RAJA BASU CHOWDHURY, J.)

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Reproduced from the public record of the Calcutta High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.