Kalachand Patnaik vs. Central Board Of Indirect Taxes And Customs, Dept. Of Revenue, New Delhi

WP(C)/30929/2023HC OrissaGSTCNR ODHC01075204202308 November 2023Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN1 pages
AI SummaryRemanded

Held

The High Court of Orissa at Cuttack disposed of the writ petition of Sri Kalachand Patnaik in terms of its common order dated November 6, 2023, passed in W.P.(C) No.6684 of 2023 and a batch of other writ petitions. The specific findings, reasoning, and ratio decidendi from the common order are not reproduced in this judgment. Consequently, the operative directions and the relief granted to the petitioner are also not detailed here, other than the fact that the petition was disposed of in line with the previous common order. Any issues expressly left undecided are not mentioned.

Facts

The petitioner, Sri Kalachand Patnaik, filed a writ petition before the High Court of Orissa at Cuttack. The Opposite Parties included the Central Board of Indirect Taxes and Customs and other revenue authorities. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not detailed in this order. The procedural history indicates that this writ petition was disposed of based on a common order previously passed by the same Court on November 6, 2023, in a batch of writ petitions, including W.P.(C) No.6684 of 2023 (M/s. Pravat Kumar Choudhury and others v. Additional State Tax Officer, CT & GST, Cuttack and others).

Key Issues

The specific legal questions that the Court had to decide in this particular writ petition are not explicitly stated. However, the judgment indicates that the decision in this case is contingent upon the common order passed in a batch of related writ petitions. Therefore, the underlying issues likely revolve around the matters decided in those preceding petitions. The petitioner, Sri Kalachand Patnaik, would have presented arguments based on the facts of his case. The revenue authorities (Opposite Parties) would have presented their counter-arguments. The judgment does not detail the specific arguments made by either side in this particular writ petition, but it is implied that they align with the arguments presented in the batch of cases decided on November 6, 2023.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30929 of 2023 Sri Kalachand Patnaik …. Petitioner Mr. R.P. Kar, Senior Advocate assisted by Mr. P.K. Mishra, Advocate -versus- Central Board of Indirect Taxes and Customs and others …. Opposite Parties Mr. T. K. Satapathy, Sr. Standing Counsel with Mr. Avinash Kedia, Jr. Standing Counsel for O.P. No.1 Mr. Sunil Mishra, Standing Counsel along with Mr. Diganta Das, Mr. Sheshadeba Das and Mr. Ananda Das, Additional Standing Counsel for O.Ps.2 to 4 CORAM: ACTING CHIEF JUSTICE DR. B. R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 08.11.2023 02. 1. This 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

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