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Calcutta High Court (Appellete Side)

Sanjay Raj Aggarwal vs Sales Tax Officer & Ors on 17 March, 2022

Author: Md. Nizamuddin

Bench: Md. Nizamuddin

S/L 30
17.03.2022
Court No.2
SD
                                 WPA 18011 of 2017
                                 Sanjay Raj Aggarwal
                                          Vs.
                                Sales Tax Officer & Ors.


             Mr. Boudhayan Bhattacharyya
             Ms. Sretapa Sinha
             Mr. Soumyojyoti Chandra
                                                       ... for the Petitioner.
             Mr. A. Ray
             Mr. S. Mukherjee
             Mr. N. Chatterjee
                                                       ... for the State.


                   Affidavit-in-opposition filed by the respondents be

taken on record.

Heard learned advocates appearing for the parties. In this matter, the petitioner has challenged the impugned order dated August 30, 2016 passed by the Fast Track Revisional Authority confirming the order of the appellate authority dated August 6, 2012 and order of assessing authority dated December 15, 2011, on the ground that the impugned order is not a speaking order. On perusal of the same I find that none of the grounds raised by the petitioner in its application for revision has been discussed and considered.

Considering the facts of the case and what appears from record, the impugned order dated August 30, 2016 is set aside and the matter is remanded back to the authority concerned to consider afresh the revision application of the petitioner in accordance with law and by passing a reasoned 2 speaking order after giving opportunity of hearing to the petitioner or his authorized representative within a period of twelve weeks from the date of communication of this order.

With these observations and directions, WPA 18011 of 2017 stands disposed of.

(Md. Nizamuddin, J.)