- Calcutta High Court in Green Fizz Beverages Private Limited[1] - Condoned Delay of a period of 3.5 years in Filing of Writ Petition against the order of State Commissioner (Appeals):
The Calcutta High Court was dealing with an inter-court appeal. The Single Judge has rejected the writ petition filed by the assessee against the order of State Appellate Authority because the same was filed after a period of 3.5 years. The assessee’s argument was that the time period for filing the writ has to be reckoned from the date of notification issued for constituting the tribunal. Since, there was no said notification, though writ filed was post 3.5 years, the same should be allowed.