M/S Kamalakanta Nayak, Mayurbhanj vs. The Addl. CT And GST Officer, Balasore

WP(C)/35775/2023HC OrissaGSTCNR ODHC01087648202314 November 2023Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN1 pages
AI SummaryRemanded

Held

The High Court of Orissa disposed of the writ petition in terms of a common order previously passed on 6th November, 2023, in W.P.(C) No.6684 of 2023 and a batch of writ petitions. This implies that the Court found the present petition to be covered by the decision in the earlier batch of cases. The reasoning and specific findings from the common order are not detailed in this excerpt. Therefore, the specific ratio decidendi applicable to this particular writ petition, beyond its alignment with the prior common order, is not discernible. The operative directions would have been those stipulated in the common order of 6th November, 2023.

Facts

The petitioner, M/s. Kamalakanta Nayak, filed a writ petition before the Orissa High Court. The petition was against the Additional CT and GST Officer, Balasore, and other authorities. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not detailed in the provided judgment excerpt. The procedural history is also not elaborated, other than the filing of this writ petition.

Key Issues

The primary issue before the Court was the legality and validity of the action taken by the Opposite Parties, which necessitated the filing of this writ petition. The judgment does not explicitly frame the questions of law. The petitioner likely sought relief against a specific GST-related action or order. The revenue's arguments are not recorded in this excerpt. The judgment refers to a common order passed on 6th November, 2023, in W.P.(C) No.6684 of 2023 and a batch of writ petitions, suggesting that the present petition was disposed of based on the principles decided in those earlier cases. The specific provisions of the GST Act or Rules that formed the basis of the dispute are not mentioned.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
S.K. Jena/Secy. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35775 of 2023 M/s. Kamalakanta Nayak, Mayurbhanj …. Petitioner Mr. Soubhagya Swain, Advocate -versus- The Additional CT and GST Officer, Balasore and Others …. Opposite Parties Mr. Sunil Mishra, Standing Counsel along with Mr. Diganta Das, Mr. Sheshadeba Das and Mr. Ananda Das, Additional Standing Counsel for CT & GST Department, CORAM: ACTING CHIEF JUSTICE DR. B. R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 14.11.2023 01. 1. The matter is taken up through hybrid mode.

2.

This writ petition is disposed of in terms of the common order passed by this Court on 6th November, 2023 in W.P.(C) No.6684 of 2023 and Batch of Writ Petitions (M/s. Pravat Kumar Choudhury and others v. Additional State Tax Officer, CT & GST, Cuttack and others).

(DR. B. R. SARANGI) ACTING CHIEF JUSTICE

(M. S. RAMAN)

The judgment continues below.

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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.