M/S Mukteswar Transport vs. Commissioner Of CT And GST,Odisha

WP(C)/30725/2023HC OrissaGSTCNR ODHC01074638202308 December 2023Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
AI SummaryPartly Allowed

Held

The Court disposed of the petition by permitting the petitioner to prefer an appeal against the assessment order. The appellate authority was directed not to insist on pre-deposit as the amount was already recovered.

Facts

The petitioner filed a writ petition challenging an order of assessment. The amount in question had already been recovered from the petitioner.

Key Issues

Whether the petitioner should be allowed to prefer an appeal and whether pre-deposit should be insisted upon when the amount has already been recovered.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 30725 of 2023 M/s. Mukteswar Transport … Petitioner Mr. Jagabandhu Sahoo, Senior Advocate Ms. Kajal Sahoo, Advocate -versus- Commissioner of CT and GST, Odisha and Others … Opposite Parties Mr. Sunil Mishra, Addl. Standing Counsel CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 08.12.2023 03. 1. Heard Mr. Jagabandhu Sahoo, learned Senior Counsel along with Ms. Kajal Sahoo, learned counsel for the petitioner and Mr. Sunil Mishra, learned Additional Standing Counsel for the Opposite Parties-Revenue.

2.

It is submitted that the amount has already been recovered from the petitioner. Against the order of assessment, an appeal lies.

3.

Mr. Sunil Mishra, learned Additional Standing Counsel for the Opposite Party-Revenue states that the appellate authority be directed not to insist upon the pre-deposit and the appeal preferred by the petitioner should be heard and disposed of in accordance with law.

4.

Having heard learned counsel for the parties and perused the materials available on record, since the order of

The judgment continues below.

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