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2023 Supreme(Cal) 833

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Suncraft Energy Private Limited – Appellant
Versus
Assistant Commissioner, State Tax, Ballygunge Charge – Respondent


Advocates Appeared:
For the Appellants : Mr. Ankit Kanodia, Ms. Megha Agarwal, Mr. Jitesh Sah.
For the Respondents: Mr. Anirban Ray, Md. T.M. Siddiqui, Mr. S. Sanyal.

JUDGMENT :

(T.S. Sivagnanam, J.)

1. This intra Court appeal filed by the writ petitioner is directed against the order passed in WPA 12153 of 2023 dated 21.06.2023. The appellant had impugned the order passed by the Assistant Commissioner of State Tax, Ballygunge Charge, the Respondent No. 1 date 20.02.2023 by which the first respondent reversed the input tax credit availed by the appellant under the provisions of West Bengal Goods and Services Tax Act, 2017 (WBGST Act). The 4th respondent is a supplier of the appellant who provided supply of goods and services to the appellant who had made payment of tax to the fourth respondent at the time of effecting such purchase along with the value of supply of goods/ services. However, in some of the invoices of the said supplier was not reflected in the GSTR 2A of the appellant for the Financial Year 2017-18. The first respondent issued notices for recovery of the input tax credit availed by the appellant and the grievance of the appellant is that without conducting any enquiry on the supplier namely, the fourth respondent and without effecting any recovery from the fourth respondent, the first respondent was not justified in proceeding aga

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