M/S.PATIL CONSTRUCTION AND INFRASTRUCTURE LTD, RAYAGADA v. ADDITIONAL COMMISSIONER OF STATE TAX (APPEAL), CTA NAD GST, GANJAM
WP(C)/1199/2025 · 2025-01-15
Arindam Sinha, M S Sahoo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9282 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9282 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.1199 of 2025
M/s. Patil Construction and Infrastructure Ltd., Rayagada
…. Petitioner
Represented by Advocate(s) –
Ms. I. Tripathy, Advocate
-Versus-
Additional Commissioner of State Tax (Appeal), CT and GST Ganjam, Odisha and another
…. Opposite Parties
Represented by Advocate(s) –
Mr. D. Das, Advocate (Additional Standing Counsel)
CORAM:
THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE M.S. SAHOO
ORDER 15.01.2025
1. Ms. Tripathy, learned advocate appears on behalf of petitioner and submits, her client is aggrieved by order dated 18th November, 2023 made by the First Appellate Authority. He wants to appeal therefrom to the Tribunal but it has not yet been constituted. In the circumstances assessees and the department
Order No.
01.
were complying with directions made on order dated 16th February, 2024 by the 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. She submits, her 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)
Judge
(M.S. Sahoo)
Judge
Dutta