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M/S Sterling Industries,Sundargarh vs. Commissioner Of CT And GST,Ctc

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WP(C)/17124/2024HC OrissaGSTCNR ODHC01044812202402 September 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO2 pages

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Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.17124 of 2024 M/s. Sterling Industries, Sundergarh …. Petitioner Represented by Adv.- Mr. S. Ray, Sr. Advocate Mr. K.K. Sahoo, Advocate Mr. D.K. Samal, Advocate -versus- Commissioner of CT and GST, CTC and others …. Opposite Parties Represented by Adv.- Mr. S. Mishra, Advocate (Standing Counsel) CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE M.S. SAHOO

ORDER 02.09.2024

1.

Mr. Ray, learned senior advocate appears on behalf of petitioner and submits, prayer of his client is for issuance of mandamus for the authority to deal with his client’s representation dated 6th May, 2024. He submits, by the representation, the levy and collection made for release of Order No. 01. the vehicle has been contended to be illegal. Refund is to be made. He seeks interference to compel consideration of his client’s contention.

2.

Mr. Mishra, learned advocate, Standing Counsel appears on behalf of the department and submits, the vehicle was released long ago. The representation was not received by the authority.

3.

Through disclosure in the writ petition the representation containing refund of amount collected for release of the vehicle is now to notice of the department. The authority directed to make its decision on the representation known to petitioner within two weeks from date. Mr. Mishra’s submission is recorded that the authority’s counter contention is, the payment was voluntarily made, the vehicle released and proceeding concluded.

4.

The writ petition is disposed of.

( Arindam Sinha ) Judge

( M.S. Sahoo ) Judge

Prasant

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.