Micromax Informatics LTD. vs. State Of Odisha

WP(C)/9348/2015HC OrissaGSTCNR ODHC01000662201517 November 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN1 pages
AI SummaryDismissed

Facts

The petitioner, Micromax Informatics Limited, filed a writ petition before the High Court of Orissa at Cuttack. The Opposite Parties were the State of Odisha and another. The specific tax period(s) and the amount in dispute are not recorded in the judgment. The order or action under challenge and the authority that passed it are also not detailed. The procedural history leading to this writ petition is not provided.

Held

The Court held that all the prayers made in the writ petition were covered by the Supreme Court's judgment in Jindal Stainless Ltd. v. State of Haryana (2016) and the subsequent order dated 28th March, 2017 in Civil Appeal No.(s) 6474-6798 of 2017 (State of Orissa v. M/s. Reliance Industries Ltd.). The reasoning is that these Supreme Court pronouncements have settled the legal principles applicable to the issues raised by the petitioner. Therefore, the writ petition did not require independent adjudication by the High Court. The operative direction was to dispose of the writ petition in terms of the aforementioned Supreme Court judgments.

Key Issues

The Court had to decide whether the prayers made in the writ petition were covered by previous Supreme Court judgments. The petitioner's argument, though not explicitly stated, is implied by the filing of the writ petition seeking certain reliefs. The revenue's contention, as understood from the Court's order, is that the matter is already settled by Supreme Court pronouncements. The primary issue revolves around the applicability of the Supreme Court's decision in Jindal Stainless Ltd. v. State of Haryana (2016) and the subsequent order in State of Orissa v. M/s. Reliance Industries Ltd. (2017) to the present case.

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.9348 of 2015 Micromax Informatics Limited …. Petitioner Mr. Avijit Patnaik, Advocate -versus- State of Odisha & another …. Opposite Parties Mr. Sunil Mishra, Addl. Standing Counsel for the CT & GST Organization CORAM: THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER 17.11.2022

05.

1. In the considered view of the Court, all the prayers in the present writ petition stand covered by the judgment of the Supreme Court in Jindal Stainless Ltd. v. State of Haryana 2016 (11) SCALE 1 and the subsequent order dated 28th March, 2017 of the Supreme Court of India in Civil Appeal No.(s) 6474-6798 of 2017 (State of Orissa v. M/s. Reliance Industries Ltd.).

2.

The writ petition stands disposed of accordingly.

(Dr. S. Muralidhar) Chief Justice

(M. S. Raman)

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.