M/S. Dilip Kumar Mohanty, Khordha vs. Comnr Of CT And GST, Cuttack

WP(C)/25315/2024HC OrissaGSTCNR ODHC01072157202419 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
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Held

The Court directed the revenue to refund the excess amount recovered from the petitioner's e-ledger. The revenue can retain a maximum of 20% of the disputed tax.

Facts

The petitioner had an appeal pending against a tax demand. Despite depositing 10% of the demand and the balance being stayed, the revenue recovered the remaining amount from the petitioner's e-ledger. The appellate forum (Tribunal) is not constituted.

Key Issues

Whether the revenue can recover the balance tax demand when an appeal is pending and the Tribunal is not constituted. What is the maximum pre-deposit required in such circumstances.

Sections Cited

Section 73

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.25315 of 2024 (Through Hybrid Mode) M/s. Dilip Kumar Mohanty, Khordha …. Petitioner Represented By Adv. – Mrs. Z.M. Wallace, Advocate -versus- Commissioner of CT & GST, Cuttack and others …. Opp. Parties Represented By Adv. Mr. Sunil Mishra, Advocate (Standing Counsel for State revenue) Mr. Avinash Kedia, Advocate (Junior Standing Counsel for Central revenue) CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No.
19.12.

2024

02.1.

Mrs. Wallace, learned advocate virtually appears on behalf of petitioner and submits, her client had preferred appeal against order dated 14th March, 2022 of the proper officer directing tax demand of ₹26,93,540/- under sec

The judgment continues below.

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