M/S. Srinivas Pradhan, Ganjam vs. Joint Comnr Of CT And GST, Ganjam

WP(C)/30698/2024HC OrissaGSTCNR ODHC01087154202417 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
AI SummaryPartly Allowed

Held

The Court accepted the petitioner's submission that the deposit requirement for a stay should be reduced to 10% of the remaining disputed tax, aligning with a Central revenue notification. The deposit is to be made accordingly.

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 deposit requirements for a stay on the impugned order.

Key Issues

Whether the deposit requirement for a stay on an appellate order can be modified in light of subsequent notifications, given the non-constitution of the Tribunal.

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.30698 of 2024 M/s. Srinivas Pradhan, Ganjam …. Petitioner Represented By Adv. – Mr. M.K. Mohanty, Advocate -versus- Joint Commissioner of CT and GST, Ganjam and another …. Opposite Parties Represented By Adv. – Mr. S. Mishra, SC CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO
17.12.

2024

1.

Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, his client is aggrieved by order dated 27th 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 circumstan

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.