M/S.Shyam Metalics And Energy LTD. vs. The Assistant Commissioner Of Sales Tax

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WP(C)/9663/2020HC OrissaGSTCNR ODHC01020724202004 April 2023Bench: MR. JUSTICE SUBHASIS TALAPATRA,MISS JUSTICE SAVITRI RATHO2 pages

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Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No.9663 of 2020 M/s. Shyam Metalics & Energy Ltd. ….. Petitioner Mr.B.P.Mohanty, Advocate Vs. The Assistant Commissioner of Sales Tax, Circle-2, Sambalpur and another ….. Opposite Parties Mr. S.S.Padhy, ASC, Commercial Tax and GST CORAM: JUSTICE S.TALAPATRA JUSTICE SAVITRI RATHO

ORDER 04.04.2023 Order No.

03.1.

This matter is taken up through hybrid mode.

2.

Heard Mr.B.P.Mohanty, learned counsel appearing for the petitioner and Mr.S.S.Padhy, learned Additional Standing Counsel, Commercial Tax and GST.

3.

By means of this writ petition, the order dated 01.01.2018, Annexure-3 to the writ petition, has been challenged.

4.

Mr. Mohanty, learned counsel has submitted that the petitioner may be allowed to withdraw the writ petition with liberty to challenge the said order dated 01.01.2018 passed by the Joint Commissioner of Sales Tax, Sambalpur Range, Sambalpur under Section 10 of the Orissa Entry Tax Act in an appeal before the Tribunal in accordance with law.

5.

Prayer stands allowed.

6.

If such an appeal is filed not later than 27th April, 2023

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Bichi

accompanied by an application for condonation of delay explaining the delay on account of pendency of the present writ petition, it would be considered by the Tribunal in accordance with law.

7.

The writ petition is disposed of in the above terms.

8.

The original Annexure be returned, subject to it being substituted by attested photocopy thereof.

9.

Urgent certified copy of this order be granted on proper application.

(S.Talapatra)

Judge

(Savitri Ratho)

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.