Suraj Kumar Pattanaik And Sn Construction, Sambalpur vs. The Commnr. CT And GST, Cuttack

WP(C)/33414/2023HC OrissaGSTCNR ODHC01081774202313 November 2023Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN1 pages
AI SummaryRemanded

Held

The Court held that the petitioner should be permitted to withdraw the writ petition. The reasoning provided is that the petitioner's counsel stated that the petitioner may be permitted to withdraw the writ petition with liberty to prefer an appeal in accordance with law. Consequently, the Court disposed of the writ petition, granting the petitioner the liberty to file an appeal. No specific issues regarding GST provisions were decided, as the petition was withdrawn. The operative direction was to dispose of the writ petition with liberty to appeal.

Facts

The petitioner, Suraj Kumar Pattanaik & SN Construction, Sambalpur, filed a writ petition before the High Court of Orissa at Cuttack. The respondents were the Commissioner, CT & GST, Odisha, and another. The specific tax period, the order or action under challenge, the authority that passed it, and the amount in dispute are not recorded in the judgment. The procedural history leading to the writ petition is also not detailed.

Key Issues

1. Whether the petitioner should be permitted to withdraw the writ petition with liberty to prefer an appeal in accordance with law. The petitioner, through their counsel, argued for withdrawal of the writ petition to pursue an appeal. The revenue or state did not record any specific arguments in the judgment.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.33414 of 2023 Suraj Kumar Pattanaik & SN Construction, Sambalpur ….. Petitioner Ms. Kananbala Roy Choudhury, Advocate Vs. The Commissioner, CT & GST, Odisha & Another ….. Opposite Parties Mr. Sunil Mishra, Standing Counsel for CT & GST Organization CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 13.11.2023 Order No.

02.

This matter is taken up through hybrid mode.

2.

In course of hearing, Ms. Kananbala Roy Choudhury, learned counsel appearing for the Petitioner states that the Petitioner may be permitted to withdraw this writ petition with liberty to prefer an appeal in accordance with law.

3.

In view of the above, the writ petition stands disposed of granting liberty as aforesaid.

Laxmikant (DR. B.R. SARANGI)

ACTING CHIEF JUSTICE

(M.S. RAMAN)

JUDGE

Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF O

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.