M/S Mohanty And Tripathy Construction Jv. vs. Asst. Commnr. GST And Central Excise, Sambalpur I

WP(C)/7100/2022HC OrissaGSTCNR ODHC01017244202223 February 2023Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN1 pages
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Facts

The petitioner, M/s. Mohanty and Tripathy Construction JV, filed a writ petition before the High Court of Orissa at Cuttack. The petition was filed against the Assistant Commissioner, GST & Central Excise, Sambalpur I Division, and others. The specific order or action under challenge and the tax period(s) are not detailed in the provided judgment excerpt. The procedural history involves an interlocutory application (I.A. No. 5197 of 2023) filed by the petitioner.

Held

The Court allowed the interlocutory application (I.A. No. 5197 of 2023). The Court extended the time for the petitioner to file the statutory appeal by 10 days from the date of the order, which was June 23, 2023. The reasoning behind this decision is not elaborated in the provided text, but it indicates a favorable view towards granting the petitioner an opportunity to file their statutory appeal. No specific provisions of the GST Act or Rules were discussed in relation to the substantive appeal, as the order pertains solely to the procedural aspect of extending time for filing.

Key Issues

The Court had to decide on the interlocutory application (I.A. No. 5197 of 2023). The petitioner sought an extension of time for filing a statutory appeal. The core issue was whether the Court should grant this extension. The judgment does not explicitly state the arguments presented by the petitioner or the revenue/state regarding this application. However, the allowance of the I.A. implies that the petitioner's request for an extension was considered favorably by the Court.

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.7100 of 2022 M/s. Mohanty and Tripathy Construction JV. …. Petitioner Ms. K.R. Choudhury, Advocate -versus- The Assistant Commissioner, GST & Central Excise, Sambalpur I Division and others …. Opposite Parties Mr. R. Chimanka, Senior Standing Counsel assisted by Mr. A. Kedia, Junior Standing Counsel CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN Order No.

ORDER 23.06.2023

03.

I.A. No.5197 of 2023

For the reasons stated, the I.A. is allowed. The time for filing the statutory appeal is extended by 10days from today.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S.K. Guin Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Oriss

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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.