M/S. Paradeep Phosphates LTD. vs. Asst. Commnr., GST And Central Excise, Ctc Ii Division

WP(C)/31896/2022HC OrissaGSTCNR ODHC01081258202201 December 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
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Held

The Court granted liberty to the petitioner to make an application for statutory interest. The Proper Officer is to quantify the amount in accordance with law within three months.

Facts

The petitioner sought an application for statutory interest. The High Court referred to its previous judgment and a Supreme Court judgment.

Key Issues

Whether the petitioner is entitled to statutory interest and how it should be quantified.

Sections Cited

None explicitly mentioned

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No.31896 of 2022 M/s. Paradeep Phosphates Limited. …. Petitioner Mr. P. Mohanty, Advocate -versus- Assistant Commissioner, GST & Central Excise, Cuttack-II Division, Cuttack & another. …. Opposite Parties Mr. Tushar Kanti Satpathy, Sr. Standing Counsel for CGST CORAM: THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER 01.12.2022

01.

1. In view of the judgment of this Court dated 1st August, 2022 in W.P.(C) No.1684 of 2019 (M/s. Paradeep Phosphates Ltd. v. Union of India), liberty is granted to the Petitioner to make an appropriate application for statutory interest. The Proper Officer will quantify the amount in accordance with law taking into account the judgment of the Supreme Court of India in Union of India v. Mohit Minerals Pvt. Ltd., 2022 SCC OnLine 657. The Proper Officer will examine the records of the Petitioner and take appropriate decision within a period of three months from the date of production of the certified copy of this order.

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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.