M/S.J.J.S.I. vs. S.T.O.

OJC/5251/1995HC OrissaGSTCNR ODHC01012658199510 November 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE ADITYA KUMAR MOHAPATRA1 pages
AI SummaryDismissed

Held

The Court held that the petition has become infructuous. The reasoning provided is that the petitioner's counsel submitted that the present petition has been rendered infructuous in view of the notifications dated 7th November, 1996, issued by the Finance Department, Government of Odisha. The Court accepted this submission and disposed of the petition accordingly. The ratio decidendi is that if a subsequent notification renders a pending petition infructuous, the Court will dispose of the petition on that basis. No specific operative directions were issued beyond disposing of the petition as infructuous. No issues were expressly left undecided.

Facts

The petitioner, M/s. Jai Jagannath Steel Industries, filed an Original Jurisdiction Case (O.J.C.) No. 5251 of 1995 before the High Court of Orissa at Cuttack. The Opposite Parties were the Sales Tax Officer, Assessment Unit, Rajgangpur, and another authority. The specific tax period and the order or action under challenge, as well as the amount in dispute, are not recorded in the provided judgment. The procedural history leading to the filing of this petition is also not detailed.

Key Issues

The Court had to decide whether the present petition has become infructuous. The petitioner contended that in view of notifications dated 7th November, 1996, issued by the Finance Department, Government of Odisha, the petition has been rendered infructuous. The judgment does not record any arguments presented by the Opposite Parties.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK O.J.C. No.5251 of 1995 M/s. Jai Jagannath Steel Industries …. Petitioner Mr. B. Agrawal, Advocate -versus- Sales Tax Officer, Assessment Unit, Rajgangpur & another …. Opposite Parties Mr. Sunil Mishra, Additional Standing Counsel (CT & GST) CORAM: THE CHIEF JUSTICE JUSTICE A.K. MOHAPATRA Order No.

ORDER 10.11.2021

10.

1. According to the learned counsel for the Petitioner in view of the notifications dated 7th November, 1996 issued by the Finance Department, Government of Odisha, the present petition has been rendered infructuous.

2.

It is disposed of as such.

(Dr. S. Muralidhar) Chief Justice

( A.K. Mohapatra ) Judge

R.K. Singh/Jagabandhu

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.