M/S. Bidya Agency, Bolangir vs. The Chief Commnr. Of CT And GST, Cuttack

WP(C)/36669/2023HC OrissaGSTCNR ODHC01089975202315 November 2023Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
AI SummaryDismissed

Held

The Court held that the notice was a preliminary stage and the petitioner should have filed a detailed reply instead of approaching the High Court. The petitioner was granted liberty to approach the appropriate authority.

Facts

The petitioner challenged a notice issued by the State Tax Officer seeking clarification on audit discrepancies. The petitioner argued the notice was issued beyond the statutory time limit under Section 65(4) of the OGST/CGST Act.

Key Issues

Whether a notice for audit clarification issued beyond the statutory time limit is sustainable. Whether a writ petition is maintainable at a preliminary audit stage.

Sections Cited

Section 65(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. 36669 of 2023 M/s. Bidya Agency, Bolangir ….. Petitioner Mr. C.R. Das, Advocate Vs. The Chief Commissioner of CT & GST, Cuttack and others ….. Opposite Parties Mr. S. Mishra, Standing Counsel for Revenue CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 15.11.2023

Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. C.R. Das, learned counsel for the petitioner and Mr. S Mishra, learned Standing Counsel for Revenue.

3.

The petitioner has filed this writ petition challenging the notice dated 18.09.2023 issued by the State Tax Officer under Annexure-6 seeking clarification on the discrepancies found during audit.

4.

Learned counsel for the petitioner contended that such a notice cannot be sustained in the eye of law since the same has been issued beyond the statutory time limit provided under Section 65 (4) of the OGST/CGST Act arises out of an invalid notice dated 04.07.2023. 5. Mr. Sunil Mishra, learned Standing Counsel for revenue contended that on the basis of such notice, final audit report

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.