Commissioner,Central Excise,Customs And Sercice Tax,Bhubaneswar-I vs. M/S.Gopalji Ketaki Khara Masala

OTAPL/2/2018HC OrissaGSTCNR ODHC01005441201819 December 2022Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN1 pages
AI SummaryDismissed

Held

The Court condoned the delay in filing the appeal. However, the appeal was not entertained as the tax effect was below the monetary limit prescribed by the department.

Facts

The appeal was filed by the Commissioner, Central Excise, Customs and Service Tax, Bhubaneswar-I. There was a delay of 3 days in filing the appeal.

Key Issues

Whether to condone the delay in filing the appeal and whether the appeal should be entertained given the low tax effect.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ORISSA AT CUTTACK OTAPL No. 2 of 2018 Commissioner, Central Excise, Customs and Service Tax, Bhubaneswar-I …. Appellant Mr. P.K. Panda, Senior Standing Counsel (CGST) -versus- M/s. Gopalji Ketaki Khara Masala and Another … Repondents None CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN Order No.

ORDER 19.12.2022

I.A. No.3 of 2018 02. 1. For the reasons stated therein, the application is allowed. The delay of 3 days in filing the appeal is allowed. The application is accordingly disposed of.

OTAPL No.2 of 2018

2.

The tax effect in the present appeal is far below the monetary limit. Consequently, the appeal is not entertained and is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S.K. Jena/Secy.

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.