M/S. Dnc Infrastructure PVT. LTD, Bbsr vs. The State Tax Officer, CT And GST Circle-1, Bbsr

WP(C)/25887/2024HC OrissaGSTCNR ODHC01072945202410 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
AI SummaryPartly Allowed

Held

The Court accepted the petitioner's submission that a recent notification reduced the further deposit requirement to 10% of the remaining disputed tax for the impugned order to be stayed. 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. Previous directions required a 10% deposit of disputed tax and a further 20% for a stay.

Key Issues

The primary issue was the deposit requirement for a stay pending appeal to an unconstituted Tribunal, in light of recent notifications reducing such requirements.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.25887 of 2024 M/s. DNS Infrastructure Pvt. Ltd., BBSR …. Petitioner Represented by Advocate(s) – Mr. B. Panda, Advocate -Versus- The State Tax Officer, CT and GST Circle-1, BBSR and others …. Opposite Parties Represented by Advocate(s) – Mr. S. Das, Advocate (Additional Standing Counsel) CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE M.S. SAHOO Order No. 01.

ORDER 10.12.2024

1.

Mr. Panda, learned advocate appears on behalf of petitioner and submits, his client is aggrieved by order dated 2nd August, 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 made on order dated 16th February, 2024 by the First Division Bench in a batch of writ petitions, lead case being WP(C) no.42015 of 2023 (M/s. Maa Tarini Traders v. State of Odisha and others).

2.

The directions included requiring the assessee to deposit 10% of the disputed amount of tax on filing the appeal and furth

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.