M/S Jyoti Construction vs. Deputy Commissioner Of CT And GST, Barbil Circle, Jajpur

WP(C)/23513/2021HC OrissaGSTCNR ODHC01050825202107 October 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE B. P. ROUTRAY9 pages
AI SummaryDismissed

Held

The High Court held that the pre-deposit under Section 107(6) of the OGST Act cannot be paid by debiting the ECRL. The Court found no error in the appellate authority's rejection of the Petitioner's contention.

Facts

The Petitioner challenged orders rejecting their GST appeals because the pre-deposit was paid by debiting the electronic credit ledger (ECRL) instead of the electronic cash ledger (ECL). The appellate authority held this contravened provisions of the OGST Act and Rules.

Key Issues

Whether the mandatory pre-deposit for filing an appeal under the OGST Act can be paid by debiting the electronic credit ledger (ECRL) instead of the electronic cash ledger (ECL).

Sections Cited

Section 107(1), Section 107(6), Section 49(3), Section 49(4), Rule 85(4), Section 2(82), Section 41(2), Section 59, Section 39, Rule 86, Section 107(6)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 9 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.23508, 23511, 23513, 23514 and 23521 of 2021 M/s. Jyoti Construction …. Petitioner Mr. Ajit Kumar Roy, Advocate -versus- Deputy Commissioner of CT & GST, Barbil Circle, Jajpur and another …. Opposite Parties Mr. Sunil Mishra, Additional Standing Counsel CORAM: THE CHIEF JUSTICE JUSTICE B.P. ROUTRAY Order No.

ORDER 07.10.2021

Dr. S. Muralidhar, CJ. 01. 1. These five matters arise out of a common set of facts and are accordingly being disposed of by this common order.

2.

In all these writ petitions the challenge is to orders dated 28th April 2021 passed by the Additional Commissioner of Sales Tax (Appeal), Central Zone, Odisha (Opposite Party No.2) rejecting the appeal filed by the Petitioner under Section 107 (1) of the Odisha Goods and Services Tax Act, 2017 (OGST Act) and holding that the appeals filed are defective since the Petitioner herein had made payment of the pre-deposit being 10% of the disputed amount under th

The judgment continues below.

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