Calcutta High Court (Appellete Side)
(M/S. Silverline Gifts vs The State Of West Bengal on 5 October, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
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05.10.2016
rrc
W. P. 23782 (W) of 2016
(M/s. Silverline Gifts Vs. The State of West Bengal
& Ors.)
Mr. Shovan Ghosh
.....For the petitioner
Mr. Prithu Dudhoria
.....For the respondents
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 already 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 Stainless 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 November, 2016 as 'Motion'.
Pending 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 respondents without the leave of the Court.
( Dipankar Datta, J. ) 2