2019 (11) TMI 1666 - HC - GST

Maintainability of impugned order - HELD THAT - The impugned order requires to be stayed. Accordingly the impugned order is stayed till March 31 2020. The affidavits are required to be exchanged in this matter before a proper decision on merits - Matter to appear in the monthly list of cases for the month of January 2019 as For Hearing .

Summary

Issues: Challenge to Order-in-Original, Adverse Inference, Stay of Impugned Order, Affidavits Exchange

In the judgment delivered by Shekhar B. Saraf, J., the High Court of Calcutta addressed a writ petition challenging Order-in-Original No. 10/Commr./ST/BOL/19-20 dated August 01, 2019. The court noted the absence of the responding party and drew an adverse inference against them. After hearing arguments from the petitioners and respondent No. 1, the court was prima facie satisfied that the impugned order needed to be stayed. Consequently, the court ordered a stay on the impugned order until March 31, 2020. The judge emphasized the importance of exchanging affidavits for a proper decision on the merits of the case. The court directed the respondents to file an affidavit-in-opposition within four weeks and allowed two weeks for the petitioners to file an affidavit-in-reply. The matter was listed for hearing in the monthly list of cases for January 2019.