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Orissa High Court

Post-GST CENVAT Refunds must be Processed U/s. 142(3) of CGST Act, 2017: HC

May 13, 2023 657 Views 0 comment Print

Commissioner, Central Excise, Customs and Service Tax Vs Jindal Steel and Power Ltd (Orissa High Court) It appears that the opposite party exported final products on payment of Central Excise duty of Rs. 69,98,64,638/- during the period 01.01.2017 to 03.2017, and claimed rebate, vide application dated 14.08.2017, under Rule 18 of the Central Excise Rules, […]

GST: HC refuses to remand the matter to AO as alternative remedy available

May 10, 2023 531 Views 0 comment Print

Sourav Satapathy Vs Commissioner of CT & GST (Orissa High Court) Court finds that the petitioner has approached this Court challenging the demands raised by the authority vide Annexure-7 and Annexure-8. The contention of the petitioner is that he has already paid the amount vide Annexure-5 series. If the contention of the petitioner, that he […]

Orissa HC stays demand as GST Appellate Tribunal not constituted

May 6, 2023 1032 Views 0 comment Print

Sundar Pravat Das Vs Joint Commissioner of State Tax (Orissa High Court) Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet been constituted, as an interim measure subject to the Petitioner depositing entire tax demand within a period of fifteen days from […]

Escapement of tax without reasonable cause is essential component of section 43(2) of OVAT Act

May 5, 2023 1209 Views 0 comment Print

Orissa High Court held that the essential component of Section 43(2) of the OVAT Act for attracting the penalty, viz., the satisfaction of the Assessing Officer that the escapement of tax was without reasonable cause, is absent in the present case. Accordingly, imposition of penalty unjustified.

Refund of balance amount granted in case of mismatch of minor figure as against RFD-01

May 5, 2023 681 Views 0 comment Print

Orissa High Court held that there is mis-match of Rs. 5,18,230/- as against the reflected figure in RFD-01 at Rs. 2,22,97,228/-. Accordingly, court directed to refund the balance amount as only Rs. 5,18,230/- needs proper adjudication.

Address to deliver Income Tax notice in case of person in judicial custody

April 28, 2023 1794 Views 0 comment Print

PCIT Vs Narayan Kumar Khaitan (Orissa High Court) Case Law on Service of notice required through Superintendent of Jail if assessee is in judicial custody. A search and seizure operation under section 132 was conducted on SM and group wherein certain incriminating documents were found. Subsequently, assessment in case of assessee was completed under section […]

HC stays Penalty and Interest under GST as GSTAT not constituted

April 27, 2023 1314 Views 0 comment Print

HC held that Since the petitioner wants to avail the remedy under the provisions of law by approaching GST  appellate tribunal, which has not yet been constituted, the amount of penalty and interest demanded by authority shall remain stayed during pendency of the writ petition subject to the Petitioner depositing the entire amount of tax demanded.

Non-constitution of GST Appellate Tribunal : Orissa HC Stays Demand

April 21, 2023 1251 Views 0 comment Print

Pratap Kumar Pradhan Vs Commissioner of CT & GST, Odisha and Ors. (Orissa High Court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not yet […]

GST Tribunal not constituted: HC stays demand

April 21, 2023 1821 Views 0 comment Print

Tushar Kanta Nayak Vs Commissioner of Sales Tax CT & GST & Others (Orissa High court) The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted. Since the petitioner wants to avail the remedy under the provisions of law by approaching 2nd appellate tribunal, which has not […]

GST: HC directs release of vehicle on furnishing bank guarantee for Penalty

April 21, 2023 1395 Views 0 comment Print

GST -Petitioner undertakes that it shall furnish bank guarantee of amount equal to penalty, so that authority can release vehicle.

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