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Goods and Service TaxArticle·3 March 2026

Appellate Order to be a Speaking Order

By JustIDT

Executive Summary

Appellate order required to be a speaking order. The Calcutta High Court addressed whether a GST appellate authority can mechanically affirm an adjudication order without independently examining the grounds raised in appeal. The Court found that the authority had failed to apply its mind and had merely repeated the findings of the original order. Holding that appellate scrutiny must be reasoned and substantive, the Court set aside the order and remanded the matter for fresh consideration. The ruling reinforces that appellate orders under GST must reflect conscious and reasoned evaluation of the assessee’s submissions.

In the High Court at Calcutta in WPA 24054 of 2025 in Fratelli Vineyards Limited (formerly known as Tinna Trade Limited) & Anr. v. The State...

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