M/S Kjs Ahluwalia vs. Dy. Commnr. Of Commercial Taxes, Barbil Circle

WP(C)/8452/2022HC OrissaGSTCNR ODHC01020982202204 December 2023Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
AI SummaryPartly Allowed

Held

The Court disposed of the writ petition in terms of a prior judgment of this Court in M/s. S.K. Dal Industries Vs. State of Odisha & Others. The applicability of that judgment was disputed by the GST authorities.

Facts

The petitioner sought to quash a re-assessment order passed under the Central Sales Tax (Odisha) Rules, 1957. The petitioner argued their case was covered by a previous High Court order.

Key Issues

Whether the petitioner's case was covered by a previous High Court order and if the re-assessment order was valid.

Sections Cited

Rule 12(4)

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.8452 of 2022 M/s. KJS Ahluwalia ….. Petitioner Mr. P.K. Harichandan, Advocate Vs. Deputy Commissioner of Commercial Taxes, Barbil Circle, Barbil & Others ….. Opposite Parties Mr. Sunil Mishra, Standing Counsel for CT & GST Organization Mr. R.P. Kar, Sr. Advocate for O.P. No.3 CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 04.12.2023

Order No.

02.

This matter is taken up through hybrid mode.

2.

Heard Mr. P.K. Harichandan, learned counsel appearing for the Petitioner and Mr. Sunil Mishra, learned Standing Counsel appearing for the CT & GST Organization & Mr. R.P. Kar, learned Senior Advocate appearing for Opposite Party No.3. 3. The Petitioner has filed this writ petition seeking to quash the Re-assessment order dated 20.11.2014 passed under Rule 12(4) of the Central Sales Tax (Odisha) Rules, 1957 pertaining to the tax periods from 01.04.2010 to 31.03.2012 under Annexure-1. 4. Mr. P.K. Harichandan, learned Counsel appearing for the Petitioner contended that the case of the Petitioner is covered by the

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