M/S.Sidharth Chemicals vs. Dy Commissioner Of Sales Tax,Rourkela Ii Circle

WP(C)/21272/2015HC OrissaGSTCNR ODHC01020141201524 November 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
AI SummaryPartly Allowed

Held

The Court directed the department to process the petitioner's refund application. The department must hear the petitioner and pass a reasoned order within a specified timeframe.

Facts

The petitioner sought a mandamus for the refund of excess input tax credit based on an application made in 2009. The department failed to file a reply despite a notice issued in 2016.

Key Issues

Whether the department should be directed to process a long-pending refund application for excess input tax credit.

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 WP(C) No.21272 of 2015 M/s. Sidharth Chemicals …. Petitioner Mr. B.P. Mohanty, Advocate -versus- The Dy. Commissioner of Sales Tax & Another …. Opposite Parties Mr. Susant Kumar Pradhan, Addl. Standing Counsel for CT & GST CORAM: THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER 24.11.2022

04.

1. The prayer in the present writ petition is for a mandamus to the Opposite Parties to grant the Petitioner refund of excess input tax credit in terms of the Petitioner’s application at Annexure-2. The application itself is dated 30th April, 2009. Despite notice having been issued in the present petition way back on 4th January, 2016 for nearly seven years now, there has been no reply filed by the Department.

2.

In that view of the matter, a direction is issued to the Department to process the Petitioner’s application (Annexure-2) and after hearing the Petitioner on a date to be intimated to the Petitioner at least 10 days in advance, pass an appropriate reasoned order on the sai

The judgment continues below.

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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.