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Orissa High Court

GST: Whether interest under section 50 can be demanded on gross tax liability?

September 13, 2022 3342 Views 0 comment Print

Issue a writ in the nature of mandamus or issue any appropriate writ declaring that the interest under Section 50(1) is to be levied on the payment of tax by electronic cash ledger and not electronic credit ledger

Chuni is the by-product of Dal and not liable to entry tax

August 30, 2022 5607 Views 0 comment Print

Held that Chuni which is the by-product of Dal, it is one of the 16 ingredients into the making of cattle feed, and it is not the same thing as cattle feed. Chuni is not Cattle feed and therefore not amenable to Orissa Entry Tax Act, 1999.

Robinson and purity Barley taxable under residual entry at 12%

August 18, 2022 1422 Views 0 comment Print

Held that distinct commercial product Robinson Barley and Purity Barley cannot be classified as cereal. Hence taxable under residual entry @12% under Orissa Sales Tax Act, 1947.

HC lifts Bank Attachment for Payment of admitted interest on GST

July 30, 2022 867 Views 0 comment Print

Orissa Stevedores Ltd. Vs Union of India (Orissa High Court) In view of submission made by the learned Senior Counsel that since all the bank accounts have been seized and the Petitioner is unable to operate, it is not possible to deposit the entire admitted interest at one go. Therefore, he prayed for lifting forthwith […]

Expression ‘tobacco & tobacco products’ includes ‘bidi’: HC

July 29, 2022 579 Views 0 comment Print

Patel Brothers & Co Vs State of Odisha (Orissa High Court) Admittedly, the Petitioner Assessee is a manufacturer of Bidis. The short question is whether it is included within the entry Tobacco and Tobacco products in item 16 of the Schedule under the Orissa Entry Tax Act (OET Act). Learned counsel for the Petitioner seeks […]

Orissa Sales Tax Act- Tin containers classifiable under Entry 129 of List-C

July 29, 2022 489 Views 0 comment Print

Maharshi Steel Industries Vs Commissioner of Sales Tax (Orissa High Court) HC held that that the expression ‘tin containers’ is to be understood in the normal commercial and trade parlance and it would be erroneous for the Department to insist that only containers manufactured entirely out of tin should be considered to be tin containers. […]

GST: Not furnishing certified copy of order appealed against within 7 days of filing of appeal is a mere technical defect

July 3, 2022 10587 Views 0 comment Print

Atlas Pvc Pipes Limited Vs State of Odisha (Orissa High Court) It is ex facie clear from the copy of Memo of Appeal in Form GST APL-01 vide Annexure-2 series to the writ petition that having received the Order passed under Section 74 of the OGST Act on 20.01.2021, the Petitioner filed the appeal invoking […]

RTI: Withholding of information, that is not sensitive/ confidential, is unjustified

June 29, 2022 1953 Views 0 comment Print

Held that the information that does not touch upon any of the sensitive and confidential activities undertaken by the Vigilance Department, cannot be withheld.

Interference u/s 34 unjustified as arbitral award doesn’t contradict public policy

June 29, 2022 2211 Views 0 comment Print

Provisions of section 34 restricts the scope of interference with the arbitral award on the ground of public policy. Present arbitral award doesn’t contradict public policy hence interference unjustified.

HC directs payment of Interest on delayed payment of Salary help-up for 21 years

June 21, 2022 13548 Views 0 comment Print

Sovakar Guru Vs State of Odisha and Ors. (Orissa High Court) The grievance of the Petitioner, insofar as payment of arrears is concerned, has already been redressed but the interest component of the amount which has been held up for the last twenty-one years, is required to be paid. There is no dispute about the […]

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