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2025 Supreme(Online)(Cal) 2960

CALCUTTA HIGH COURT
T.S. SIVAGNANAM, CJ, CHAITALI CHATTERJEE (DAS), J
R.P. TECHSOFT INTERNATIONAL PVT. LTD. – Appellant
Versus
THE DEPUTY COMMISSIONER OF REVENUE (SGST OFFICER) AND ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Uday Sankar Bhattacharya, Mr. Tapan Bhanja
For the Respondents: Mr. Md. T.M. Siddiqui, Mr. Tanoy Chakraborty, Ms. Sumita Shaw, Mr. Saptak Sanyal

Table of Content
1. writ petition challenging transitional credit denial. (Para 1)
2. judicial authority to review actions without jurisdiction. (Para 4 , 5)
3. ruling on procedural adherence and opportunity for personal hearing. (Para 6 , 7)
4. final order for appeal resolution and adherence to guidelines. (Para 9)

1. This intra-court appeal by the writ petitioner is directed against the order dated 9th June, 2025, in WPA No.2488 of 2025. The writ petition was filed by the appellant challenging an order passed by the Deputy Commissioner of Revenue, Salt Lake Charge (hereinafter referred to as „the State Tax Authority) dated 27th February, 2023, by which the transitional credit claimed by the writ petitioner was found to be inadmissible and the learned Single Bench non- suited the appellant on the ground of availability of alternate remedy before the Appellate authority and the writ petition cannot be entertained.

2. Aggrieved by the same, the appellant has preferred this appeal.

3. We have elaborately heard the learned advocates appearing for all the parties.

4. It is settled legal principle that existence of an alternate remedy is not always a bar for the Constitutional Courts to exercis

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