Commissioner Of CGST And Cx Howrah Commissionerate vs. Ms Hindustan Windows Mfg Co
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This case involves a procedural correction to a High Court order dated April 4, 2025. The respondent's counsel, Mrs. Shreya Mundhra, submitted that her appearance on behalf of the respondent was not recorded in the order. The petitioner is the Commissioner of CGST and CX, Howrah Commissionerate, and the respondent is M/s Hindustan Windows Mfg Co. The specific tax period and amount in dispute are not mentioned in this order. The matter was listed "To Be Mentioned" for this correction.
Held
The Court held that the name of Mrs. Shreya Mundhra, Advocate, should be recorded in the appearance portion of the order dated April 4, 2025, as she appeared for the respondent. The Court directed that this correction be incorporated into the existing order. The reasoning is based on the submission made by the respondent's counsel regarding her unrecorded appearance. The ratio decidendi is that court orders should accurately reflect appearances made by counsel. No other issues were decided, and no specific provisions of the CGST Act or Rules were discussed.
Key Issues
1. Whether the appearance of Mrs. Shreya Mundhra, Advocate for the respondent, was correctly omitted from the order dated April 4, 2025. This is a question of fact concerning court procedure. The respondent argued that her appearance was not recorded despite her presence. The petitioner's argument, if any, is not recorded in this order.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT AT CALCUTTA SPECIAL JURI ICTION [CENTRAL EXCISE] ORIGINAL SIDE
CEXA/2/2025 COMMISSIONER OF CGST AND CX. HOWRAH COMMISSIONERATE VS M/S HINDUSTAN WINDOWS MFG CO
BEFORE : THE HON'BLE THE CHIEF JUSTICE T.S SIVAGNANAM AND HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS) DATE : 11TH APRIL, 2025. Mrs. Shreya Mundhra, Adv. ..for the Respondent
The Court :- This matter has been listed under the caption “To Be Mentioned” in the supplementary list today. It is submitted by Mrs. Shreya Mundhra, learned Advocate that her name has not been gone down in the appearance portion of the order dated 4th April, 2025, though she appeared in the matter on that date on behalf of the respondent. Let the name of “Mrs. Shreya Mundhra, Advocate” be recorded in the appearance portion of the order dated 4th April, 2025 as advocate appearing for the respondent. Let such correction be incorporated in the Order dated 4th April, 2025. (T.S. SIVAGNANAM, CJ.)
(CHAITALI CHATTERJEE (DAS) , J.)
sm/SN.
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.