Calcutta High Court (Appellete Side)
Black Burn & Company Pvt Ltd & Anr vs State Of West Bengal & Ors on 8 August, 2013
Author: Harish Tandon
Bench: Harish Tandon
1
08.8.2013 W.P. 23026 (W) of 2013
Black Burn & Company Pvt Ltd & Anr
-vs-
State of West Bengal & Ors
Mr. Suman Dey
Mr. Sourav Sengupta ... For Petitioners
Mr. Abhratosh Majumdar
Mr. Soumitra Mukherjee ... For State
The instant writ petition was adjourned sine die
by an order dated February 7, 2013 because of the pendency of
the writ petition, being W.P. No. 11407 (W) of 2012, before
another Bench.
This matter is listed upon mentioning by the
ac learned advocate appearing for the petitioner as the said writ
petition has already been decided and the Coordinating Bench
has held the West Bengal Tax on Entry of Goods into Local
Areas, Act, 2012 as ultra vires.
The petitioner prays for disposal of this writ
petition on the basis of the judgment delivered in W.P. No.
11407 (W) of 2012.
The learned advocate for the respondents appears
and says that the order, passed in the said writ petition, has been carried in an appeal, being M.A.T. 107 of 2013, and the Division Bench of this Court passed an interim order that the assessment proceeding shall proceed and there shall be no refund of the entry tax already collected.
It is further submitted that hearing of the said application for stay has been fixed on September 12, 2013.
Since the subject matter involved in this writ petition is similar and identical to the subject matter involved in the said appeal, this Court feels that this writ petition should be adjourned sine die till disposal of the M.A.T. 107 of 2013.
The parties are at liberty to pray for inclusion of this matter after the said appeal is disposed of by the Division Bench.
(Harish Tandon, J.)