M/S. Rama Chandra Behera, Angul vs. Joint Commissioner Of State Tax, CT And GST Territorial Range, Angul

WP(C)/27758/2024HC OrissaGSTCNR ODHC01080575202414 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
AI SummaryPartly Allowed

Held

The Court accepted the petitioner's submission regarding a reduced deposit requirement for staying the impugned order. The deposit is to be made as per the modified condition.

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 stay of the impugned order, subject to deposit conditions.

Key Issues

The primary issue is the deposit required for a stay of the appellate order when the Tribunal is not constituted, and whether a recent notification reducing the deposit percentage applies.

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 WP(C) No.27758 of 2024 M/s. Rama Chandra Behera, Angul …. Petitioner Represented by Advocate(s) – Mr. R. Panigrahi, Advocate -Versus- Joint Commissioner of State Tax, CT and GST Territorial Range, Angul and another. …. Opposite Parties Represented by Advocate(s) – Mr. S. Mishra, Advocate (Standing Counsel) CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE M.S. SAHOO

ORDER 14.11.2024

1.

Mr. Panigrahi, learned advocate appears on behalf of petitioner and submits, his client is aggrieved by order dated 31st January, 2023 made by the First Appellate Authority. It wants to appeal therefrom to the Tribunal but it has not yet been constituted. In the circumstances assessees and the department Order No. 01. 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.

T

The judgment continues below.

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