M/S. N. G. Projects LTD., Gujarat vs. The Commissioner, CT And GST, Odisha, Cuttack

WP(C)/31179/2024HC OrissaGSTCNR ODHC01088445202420 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
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Held

The Court accepted the petitioner's submission regarding the reduced deposit requirement for the stay of the first appellate order. The deposit is to be made accordingly, and the writ petition is disposed of on this basis.

Facts

The petitioner is aggrieved by an order of the First Appellate Authority and wishes to appeal to the Tribunal, which is not yet constituted. The petitioner seeks a modification of the deposit requirement for a stay on the impugned order, citing a reduction in the deposit percentage by a Central government notification.

Key Issues

The primary issue is the modification of the pre-deposit requirement for staying an order of the First Appellate Authority in the absence of a constituted GST Tribunal, considering recent notifications reducing such deposit percentages.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.31179 of 2024 M/s. N.G. Projects Ltd., Gujarat …. Petitioner Represented By Adv. – Mr. D. Sethy, Advocate -versus- The Commissioner, CT & GST, Odisha, Cuttack and others …. Opp. Parties Represented By Adv. Mr. Sunil Mishra, Advocate (Standing Counsel) CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No.
20.12.

2024

01.1.

Mr. Sethy, learned advocate appears on behalf of petitioner and submits, his client is aggrieved by order dated 23rd September, 2024 made by the First Appellate Authority. He wants to appeal therefrom to the Tribunal but it has not yet been constituted. In the circumstances assessees and the department were complying with directions

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