M/S. Jagat Janani Services vs. Goods And Service Tax Council

WP(C)/17196/2020HC OrissaGSTCNR ODHC01039375202021 September 2021Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE B. P. ROUTRAY7 pages
AI SummaryAllowed

Held

The Court held that the petitioner was entitled to a refund of the excess service tax paid, considering the settlement of its claim at 20.5% under the approved resolution plan. The tax authorities were directed to calculate and refund the excess amount.

Facts

The petitioner sought a refund of excess service tax/GST paid. The dispute arose from a resolution plan for a corporate debtor where the petitioner's claim was settled at 20.5% of the admitted amount, but the petitioner had paid the full service tax/GST on the original claim.

Key Issues

Whether the petitioner is entitled to a refund of service tax/GST paid in excess of the amount attributable to the reduced claim settled under a resolution plan. The impact of an approved resolution plan on tax liabilities of a creditor.

Sections Cited

Section 31(1) of the IBC, Section 31(3) of the IBC, Section 14 of the IBC, Section 60(6) of the IBC

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 7 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17196 of 2020 M/s. Jagat Janani Services …. Petitioner Mr. Jagabandhu Sahoo, Sr. Advocate -versus- Goods & Service Tax Council and Others …. Opp. Parties Mr. Sunil Kumar Mishra, ASC for Opp. Party Nos.2 and 4 Mr. R.S. Chimanka, Sr. Standing Counsel for Opp. Party No.3 Mr. Amit Patnaik, counsel for Opp. Party Nos.5 and 7 CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY

ORDER Order No. 21.09.2021

Dr. S. Muralidhar, CJ. 08. 1. The Petitioner has filed this writ petition challenging the realization of service tax / GST by the Opposite Parties and seeks the relief of refund in the circumstances explained in the petition.

2.

At the outset Mr. Jagabandhu Sahoo, learned Senior counsel for the Petitioner clarifies that there is a typographical error in prayers (b), (d) and (e) of the writ petition where in place of „Opposite Party Nos.2 and 4‟ it should read as „Opposite Party No.3‟. In other words, he clarifies that he has no gri

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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.