SUDEB KUMAR MUKHERJEE Vs. UNION OF INDIA & ORS.
LAWS(CAL)-2012-3-151
HIGH COURT OF CALCUTTA
Decided on March 01,2012

Sudeb Kumar Mukherjee Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

ASHOKE KUMAR DASADHIKARI,J. - (1.) Mr. Roy, learned Counsel appearing for the writ petitioner submits that the Executive Engineer, Cooch Behar Central Division-I, Central Public Works Department illegally deducted the amount of Rs. 2,01,627/- on account of sales tax although the sales tax clearance certificate was given to them. Mr. Roy submitted that the certificate issued by the concerned Sales Tax Authority was produced but the concerned Executive Engineer did not accept the same and the writ petitioner had to move a writ application bearing W.P. No.3819(W) of 1997. The said writ petition was disposed of with a direction that the certificate issued by the Sales Tax Authorities is to be accepted and the resultant consequence of such order is that the writ petitioner would get back the amount wrongfully deducted by the said Executive Engineer.
(2.) Learned Counsel representing the Executive Engineer submits that the amount deducted by them was deposited with the Bank in favour of Sales Tax Authorities.
(3.) Learned Counsel for the Sales Tax Authorities submitted that her clients are not inclined to return the aforesaid amount of money.;


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