FININ2MIN · JUDGMENT INTELLIGENCE
Customs, Excise and Service Tax · F2J-C-3058

Nishant Jagaty v. Superintendent, CGST and Central Excise

The Superintendent had no jurisdiction over the extended-period matter. Consent or acquiescence could not supply authority, and an appeal was unnecessary to correct that defect.

By CA Nikhil Gupta · Reviewed against the retained judgment 2026-09-26

Finin2min two-minute summary

The Superintendent had no jurisdiction over the extended-period matter. Consent or acquiescence could not supply authority, and an appeal was unnecessary to correct that defect. 29 October 2024 order set aside and writ disposed of without costs.

Court
Calcutta High Court
Case
WPA 20394 of 2025
Date
2026-02-02
Bench
Om Narayan Rai
Result
29 October 2024 order set aside and writ disposed of without costs.
Neutral citation
Not stated in retained copy
CNR
Not stated in retained copy
Connected matters
None recorded
Relevant period
See facts and judgment
Read complete judgment PDFPublic court copyOfficial court portal

What happened

A Superintendent adjudicated a service-tax case invoking extended limitation; applicable departmental allocation reserved that class of case for a Deputy or Assistant Commissioner even below the ordinary pecuniary ceiling.

Questions before the court

Why the court ruled this way

The Superintendent had no jurisdiction over the extended-period matter. Consent or acquiescence could not supply authority, and an appeal was unnecessary to correct that defect.

Controlling point

The Superintendent had no jurisdiction over the extended-period matter. Consent or acquiescence could not supply authority, and an appeal was unnecessary to correct that defect.

Order and next steps

29 October 2024 order set aside and writ disposed of without costs.

Practical implications

The operative result is case-specific: 29 October 2024 order set aside and writ disposed of without costs. Apply it within the court’s stated limit: The tax merits and other taxpayer objections were expressly not considered.

Limits of this ruling

Law and judgment source

The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established. A three-byte UTF-8 transport prefix preceding the PDF signature was removed to make the unchanged PDF content open in standard readers. A three-byte UTF-8 transport prefix before the PDF signature was removed; internal PDF bytes were unchanged.

Source checked: 2026-09-26 · Judgment paragraphs: paragraphs 16–22 · Later case history: not verified. Verify appeals, stays and subsequent orders before reliance.

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