Gopal Sarda vs. The State Of West Bengal And Ors.
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The petitioner, Gopal Sarda, filed a writ petition before the High Court challenging an order passed under Section 74 of the WBGST/CGST Act, 2017, for the tax period February 2018. The petitioner contended that the detailed order, along with a summary, dated 6th June 2022, had not been uploaded on the portal. The State, represented by the Learned Government Pleader, candidly submitted that the order had indeed not been uploaded. The demand raised by the respondents was in Form GST DRC-07 dated 6th June 2022.
Held
The Court directed the respondents to forthwith upload the detailed order along with the summary of the order under Section 74 of the WBGST/CGST Act, 2017, for the tax period February 2018, dated 6th June 2022, on the portal. A stay was granted on the demand raised by the respondents in Form GST DRC-07 dated 6th June 2022 for a period of three weeks from the date of the order. The Court further directed that if the petitioner prefers an appeal within this period, the appellate authority under Section 107 of the said Act shall accept it, provided the required pre-deposit is made. The appellate authority is then mandated to hear and dispose of the appeal on its merits within eight weeks from the date of filing. The writ petition was disposed of with these directions.
Key Issues
1. Whether the order under Section 74 of the WBGST/CGST Act, 2017, for the tax period February 2018, dated 6th June 2022, has been uploaded on the portal as required. Petitioner's Contention: The petitioner argued that the detailed order and summary dated 6th June 2022 had not been uploaded on the portal, hindering their ability to proceed further. Revenue's Contention: The Learned Government Pleader for the State candidly submitted that the detailed order along with the summary of the order under Section 74 of the WBGST/CGST Act, 2017, for the tax period February 2018 dated 6th June 2022 had not been uploaded on the portal.
Sections Cited
Section 74, Section 107
AI-generated summary — verify with the full judgment below
2024 Item No. Ml 9 Saswata
W.P.A. 14875 of 2024 Gopal Sarda versus The State of West Bengal and Others Mr. Rajarshi Chatterjee Ms. Suman Sahani …For the petitioner Mr. Anirban Ray, Ld. GP Mr. Md. T.M.Siddiqui Mr. Tanoy Chakraborty Mr. Saptak Sanyal …For the State
Since, it has been candidly submitted by the Learned Government Pleader that the detailed order along with the summary of the order under Section 74 of the WBGST/CGST Act, 2017 (hereinafter referred to as the “said Act”) for the tax period February 2018 dated 6th June 2022 had not been uploaded on the portal, I direct the respondents to forthwith have the same uploaded on the portal.
There shall be a stay of the demand raised by the respondents in Form GST DRC – 07 dated 6th June 2022 for a period of 3 weeks from date.
In the event, the petitioner prefers an appeal from the aforesaid order within the aforesaid period, the same shall be accepted by the appellate authority under Section 107 of the said Act, provided the petitioner makes payment of the pre-deposit as is required for maintaining the appeal under the said Act and the appellate authority in such case shall hear out and dispose of the appeal on merit within a period of 8 weeks from the date of filing of the appeal.
With the above directions and observations, the writ petition being WPA 14875 of 2024 is disposed of.
2
All parties shall act on the basis of the server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)
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.