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2026 DAILYLAW 33097 (CAL)

ASHOK KUMAR MOHTA v. ASSISTANT COMMISSIONER OF STATE TAX, BOWBAZAR CHARGE AND ORS.

WPA/25185/2023 · 2026-08-13

Smita Das De

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12 13.8.2026 Court No. 10 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 25185 of 2023 Ashok Kumar Mohta -versus Assistant Commissioner of State Tax, Bowbazar Charge & Ors Mr. Abhijit Das. Mr. Anirban Chatterjee. …For the Petitioner. Mr. Bijitesh Mukherjee. Ms. Manasi Mukherjee. … For the State respondent. 1. The 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. 2. The respondents are accordingly restrained from taking any coercive action against the petitioner for a period of four weeks from date so as to enable the petitioner to file the appeal. The parties shall be at liberty to rely on the pleadings filed before this Court. 3. It is clarified that the interim protection granted by this court shall cease to operate and shall stand vacated ipso facto in case 2 an appeal is not filed within four weeks from today. 4. With the above observation, the writ petition is disposed of. 5. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. ( Smita Das De, J.)