Calcutta High Court (Appellete Side)
(Sk. Salim @ Selim Sekh vs Sales Tax Officer Tamluk on 10 November, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
1
184 10.11.2016
jb.
W.P. 24441(W) of 2016
(Sk. Salim @ Selim Sekh vs. Sales Tax Officer Tamluk
Charge & Ors.)
Mr. Sabyasachi Mondal
.... For the Petitioner
None appears for the respondents despite service.
Affidavit of service filed in Court today shall be retained with the records.
The constitutional validity of the West Bengal Tax on Entry of Goods into Local Area Act, 2012 is under challenge in this writ petition. The Act has alreacy been declared ultra vires by Hon'ble Justice Indira Banerjee.
It has been brought to the notice of this Bench that a Constitution Bench of the Supreme Court is in seisin of a similar issue in C.A. No. 3453 of 2002 (Jindal Sainless Limited & Anr. vs. State of Haryana & Ors.) and that the State of West Bengal has intervened in such appeal. It is also reported that hearing of the civil appeal is in progress.
List the writ petition in the monthly list of December, 2016 as 'Motion'.
2Pending hearing of this writ petition, the respondents may proceed for assessment and issue demand notice, but no coercive action for realization of any demand shall be taken by the rrespondents without the leave of the Court.
Since none has appeared for the respondents, learned advocate for the petitioner shall communicate this order to them at once.
(Dipankar Datta, J.)