Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 28630 (CAL)

TCS E- SERVE INTERNATIONAL LIMITED v. THE PRINICPAL COMMISSIONER, CGST AND CENTRAL EXCISE, KOL NORTH COMMISSIONERATE AND ORS.

WPA/9011/2024 · 2026-07-15

Smita Das De

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

04 15.7.2026 Court No. 10 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 9011 of 2024 TCS E-Serve International Limited -versus The Principal Commissioner, CGST and Central Excise, Kolkata Nor Commissionerate & Ors Mr. Pujon Chatterjee. …For the Petitioner. 1. Learned advocate appearing on behalf of the petitioner submits that his client does not wish to proceed with the matter since the subject matter of the writ pertains to a challenge to an order of adjudication passed by the appellate authority. Since the Appellate Tribunal is now functional, the petitioner seeks to pursue the appropriate statutory remedy. 2. In view of such submission, the writ petition stands dismissed as ‘non-prosecution’. 3. The written instruction given by the petitioners to his learned advocate be taken on record. 4. Petitioner submits that since the Appellate Tribunal has already been constituted, and is functional the instant writ petition be transferred to the Appellate Tribunal and seeks four weeks time to prefer an appeal before the GSTAT Kolkata under Section 112 of the CGST Act, 2017/WBGST Act, 2017. The period during which the petition has been pending be excluded for computing limitation. 5. With the above observation, the writ petition is disposed of. 2 6. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. ( Smita Das De, J.)