2022(09)LCX0216
BM Construction
Versus
The Additional Commissioner Central Goods And Service Tax And Central Excise & Ors
Petition(s) for Special Leave to Appeal (C) No(s). 15665/2022 decided on 12-09-2022
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 15665/2022
(Arising out of impugned final judgment and order dated 14-12-2021 in CO No. 72/2021 passed by the High Court Of Calcutta Circuit Bench At Jalpaiguri)
BM CONSTRUCTION COOCHBEHAR Petitioner(s)
VERSUS
THE ADDITIONAL COMMISSIONER
CENTRAL GOODS AND
SERVICE TAX AND CENTRAL EXCISE & ORS.
Respondent(s)
(IA No. 111382/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 12-09-2022 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE
M.R. SHAH
HON'BLE MR. JUSTICE KRISHNA MURARI
For Petitioner(s) Mr. Debrata
Dhar, Adv.
Mr. Sukesh Ghosh, Adv.
Mr. N.N. Bain, Adv.
Ms. Sangeeta Singh, AOR
Mr. Sushanta Datta, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
What was challenged before the High Court was the Assessment Order. Against the order of assessment, there is a further appeal under Section 107 of the Central Goods & Services Tax Act, 2017.
Under the circumstances, in view of the alternative statutory remedy available by way of appeal, the High Court has rightly refused to entertain the writ petition.
We are in complete agreement with the view taken by the High Court.
The Special Leave Petition stands dismissed.
Pending application stands disposed of.
(R. NATARAJAN)
ASTT. REGISTRAR-cum-PS
(NISHA TRIPATHI)
ASSISTANT REGISTRAR