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Prakash Chandra Pradhan vs. The Commissioner Of Commercial Taxes And Goods And Services Tax , Odisha

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WP(C)/6748/2025HC OrissaGSTCNR ODHC01014462202511 March 2025Bench: MR. JUSTICE ARINDAM SINHA (ACJ),MR. JUSTICE M.S.SAHOO3 pages

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Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6748 of 2025 M/s. Prakash Chandra Pradhan …. Petitioner Represented By Adv. – Mr. B.P. Mohanty, Advocate Mr. S.A. Mohanty, Advocate -versus- The Commissioner of Commercial Taxes and Goods and Services Tax, Odisha, Cuttack and others …. Opposite Parties Represented By Adv. – Mr. S. Das, ASC CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA, THE ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.S. SAHOO

ORDER 11.03.2025

1.

Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, his client is aggrieved by order dated 17th February, 2025 made by the First Appellate Authority. It wants to appeal therefrom to the Tribunal but it has not yet been constituted. In the circumstances assessee and the department were complying with directions made on order dated 16th February, 2024 by the Order No. 01

First Division Bench in a batch of writ petitions, lead case being WP(C) no.42015 of 2023 (M/s. Maa Tarini Traders v. State of Odisha and others).

2.

The directions included requiring the assessee to deposit 10% of the disputed amount of tax on filing the appeal and further 20% of remaining disputed tax, for the impugned order to be stayed.

3.

He submits, his client is up against State revenue. There was notification dated 16th August, 2024 made by Central revenue reducing latter deposit to 10%. Now, State revenue has correspondingly notified on 29th October, 2024. In the circumstances, the writ petition be disposed of as covered by order dated 16th February, 2024 (supra) with modification for deposit of 10% of remaining disputed tax for impugned order to remain stayed.

4.

Mr. Das, learned advocate, Additional Standing Counsel appears on behalf of State revenue.

5.

We accept submission made on behalf of petitioner regarding corresponding notification reducing requirement of the deposit to 10% of disputed tax for impugned first appellate order to remain stayed. The deposit be made accordingly.

6.

The writ petition is accordingly disposed of.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge Sks

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.