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Sagnik (Management Trainee)     20 July 2013

West bengal entry tax

Dear All,

The State of West Bengal had imposed  an entry tax wgich was to be implemented from 2012, however the same was striked down as uncontitutional by the High court of Calcutta on 24th June, 2013.

However, while striking the same down, the High Court also granted a stay on the operative part of he judgement for 6 weeks stating:-

"On the prayer of Mr. Majumder, there will be stay of the operative part of this Judgement and Order for a period of six weeks from date. (INDIRA BANERJEE, J.)"

Now, in this regard does this mean that during the pendency of the stay  the state can collect the said Entry Tax which has been rendered unconstitutional ? Or,

Does the same mean that the said stay actually means that a "status quo" wherein the state does not collect the said tax presently but reserves its rights to collect teh same after a higher court dismisses the Calcutta High Court's verdict ?

Do we as a company have to pay the said Entry Tax as of now because of the stay even if the same has been rendered unconstitutional ?

Regards,

Sagnik Sanyal



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