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2025 DAILYLAW 3619 (CAL)

COMMISSIONER OF CUSTOMS PORT KOLKATA v. M/S GUPTA POWER INFRASTRUCTURE LTD AND ANR.

CUSTA/76/2025 · 2026-09-10

Rajarshi Bharadwaj, Sudip Deb

body2025

Judgment text

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1 OD – 4 ORDER SHEET IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION [CUSTOMS] ORIGINAL SIDE CUSTA/76/2025 IA NO: GA/1/2025 COMMISSIONER OF CUSTOMS PORT KOLKATA VS M/S GUPTA POWER INFRASTRUCTURE LTD AND ANR. BEFORE : THE HON'BLE JUSTICE RAJARSHI BHARADWAJ And THE HON’BLE JUSTICE SUDIP DEB Date: 10th September, 2026 Appearance: Mr. Vipul Kundalia, Sr. Adv. Mr. Kaustav Kanti Maity, Adv. Mr. Anindya Kanan, Adv. Mr. Dhirodatto Chaudhuri, Adv. …for appellant. Mr. Tejas Singh, Adv. …for respondent. The Court: Heard learned counsel appearing for either of the parties. Learned counsel for the appellant submits that the monetary effect in this case is around Rs.68,89,957/- which is below the limit as prescribed in the Central Board of Indirect Taxes & Customs’ instruction under F. No.390/Misc./30/2023-JC dated 02.11.2023 but the case falls within the exceptional category under para 2 as per Central Board of Indirect Taxes & Customs’ instruction dated 02.11.2023. We have perused the application. We do not find any reason to entertain this appeal where the appellant has not clearly suggested which exceptional clause as read in para 2 as per Central Board of Indirect Taxes & Customs’ instruction dated 02.11.2023 is applicable in the present appeal. As such, this appeal and the connected application 2 being IA No.GA/1/2025 are dismissed as the monetary effect in this matter is below Rs. 1 crore. (RAJARSHI BHARADWAJ, J.) (SUDIP DEB, J.) sd/