Bhakta Ram Purohit vs. The Commissioner Of CT And GST, Odisha, Cuttack

WP(C)/25715/2024HC OrissaGSTCNR ODHC01071924202416 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
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Held

The Court accepted the petitioner's submission that the deposit requirement for staying the first appellate order should be reduced to 10% of the remaining disputed tax, aligning with a recent notification.

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 conditions for staying the impugned order, referencing a previous High Court order and subsequent notifications.

Key Issues

The primary issue was the deposit amount required for a stay of the First Appellate Authority's order in the absence of a constituted Tribunal, and whether recent notifications should be applied.

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.25715 of 2024 Bhakta Ram Purohit …. Petitioner Represented By Adv. – Mr. P.C. Nayak, Advocate -versus- The Commissioner of CT and GST, Cuttack, Odisha and others …. Opposite Parties Represented By Adv. – Mr. S. Das, Advocate (Additional Standing Counsel) CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO
16.12.

2024

1.

Mr. Nayak, learned advocate appears on behalf of petitioner and submits, his client is aggrieved by order dated 31st May, 2024 made by the First Appellate Authority. He wants to appeal therefrom to the Tribunal but it has not yet bee

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