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M/S P.M.Contractors PVT. LTD., Bbsr vs. The Commnr., CT And GST, Odisha, Cuttack

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WP(C)/24228/2023HC OrissaGSTCNR ODHC01059130202302 August 2023Bench: DR. JUSTICE B.R.SARANGI,MR. JUSTICE MURAHARI SRI RAMAN2 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.24228 of 2023 M/s. P.M. Contractors Pvt. Ltd., Bhubaneswar ….. Petitioner Mrs. K. Roy Choudhury, Advocate Vs. The Commissioner, CT & GST, Odisha & Ors. ….. Opposite Parties Mr. D. Das, Addl. Standing Counsel, CT & GST Department CORAM: DR. JUSTICE B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 02.08.2023 Order No. 1

This matter is taken up through hybrid mode.

2.

Heard Mrs. K. Roy Choudhury, learned counsel appearing for the petitioner and Mr. D. Das, learned Additional Standing Counsel appearing for the CT & GST Department.

3.

The petitioner has filed this writ petition seeking to quash the order of attachment dated 25.07.2023 under Annexure-7 issued by opposite party no.3-Additional CT & GST Officer, CT & GST Circle, Bhubaneswar-III.

4.

Mrs. K. Roy Choudhury, learned counsel appearing for the petitioner contended that the demand raised by the authority is subjudice before the apex Court in SLP No.7454 of 2022, wherein Interlocutory Application has been filed by the petitioner challenging the said demand.

5.

Once the demand raised by the authority is under challenge before the apex Court in I.A. No.135470 of 2022 in SLP No.7454 of 2022 and the date has been fixed to 08.08.2023 for hearing, the legality and propriety of the consequential attachment order dated

25.07.

2023 under Annexure-7 issued by opposite party no.3 cannot be considered by this Court.

6.

In course of hearing, learned counsel for the petitioner stated that the petitioner may be permitted to withdraw this writ petition with liberty to pursue its remedy before the appropriate forum.

7.

In view of the above, the writ petition stands disposed of, as withdrawn, granting liberty as aforesaid.

Alok

(DR. B.R. SARANGI)

JUDGE

(M.S. RAMAN)

JUDGE

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.