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Orissa High Court

No Simultaneous Investigations by State & Central GST Authorities of same Assessee

March 23, 2021 5298 Views 0 comment Print

Sonam Berlia Vs State of Odisha and others (Orissa High Court) FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT 1. The present petition is by the proprietor of M/s. Arshee Venture which is engaged in trading of iron and scraps and has been assigned with GSTIN number. 2. It is stated that the Petitioner’s […]

Orissa HC admits Writ Petition against Faceless Appeal Scheme

March 9, 2021 11472 Views 1 comment Print

Hon’ble Orissa High Court Admitted the Writ Petition Filed By CTBA against Faceless Appeal Scheme The Cuttack Tax Bar Association (Life Member of AIFTP) filed the Writ Petition against the Notification of Union Government for Faceless Appeal Scheme bearing W.P.(C) No.33457 of 2020, which was listed for hearing in the Court of Hon’ble Chief Justice […]

OVAT Act: Penalty in Turnover escaping Assessment was not Automatic

March 8, 2021 2892 Views 0 comment Print

National Alumini Vs Dy. Commissioner (Orissa High Court) It is seen under Section 43 (2) of the OVAT Act the levy of penalty in the event of turnover escaping assessment, or under assessement, is not automatic. The AO has to be satisfied that escapement or under assessment of tax “is without reasonable cause”. Further upon […]

File representation with appropriate authority for Reimbursement of differential tax amount due to change in tax regime from VAT to GST: HC

January 5, 2021 1482 Views 0 comment Print

Kailash Chandra Bisoyi Vs State of Odisha (Orissa High Court)  The main issue involved in such matters is that the difficulty faced by the contractors due to change in the regime regarding works contract under GST. The grievance of the petitioner is that in view of the introduction of the GST, petitioner is required to […]

GST: Writ petition not maintainable if petitioner got alternative efficacious remedy of appeal

December 2, 2020 1578 Views 0 comment Print

Tata Steel Bsl Ltd Vs Union of India (Orissa High Court) Mr. S. Mishra, learned Standing Counsel on behalf of the opposite parties-Revenue submits that the present writ petition is not maintainable as the petitioner has got an alternative efficacious remedy of appeal under Section 107 of the CGST Act, against the impugned order under […]

HC rejects 3rd bail plea of Film Producer Shrikant Mohta

December 1, 2020 1092 Views 0 comment Print

Shrikant Mohta Vs Republic of India (Orissa High Court) Conclusion:  There had been no substantial change in circumstances after rejection of the last bail application of assessee by the court in January this year and subsequent dismissal of his SLP by the Supreme Court in February. Further, huge number of documents had been seized and […]

GST liability due to change in tax regime to GST regime- HC asks petitioner to make representation before Govt

November 9, 2020 834 Views 0 comment Print

PV Constructions Vs The Executive Engineer (Orissa High Court) The main issue involved in such matters is that the difficulty faced by the contractors due to change in the regime regarding works contract under GST. The grievance of the petitioner is that in view of the introduction of the GST, petitioner is required to pay […]

HC Grants Bail to Person Alleged of Economic Offence under GST

November 4, 2020 1287 Views 0 comment Print

The instant petition is filed to seek bail against the offences alleged against petitioner which are punishable under Sections 132(1)(b) and 132(1)(l) of the Central Goods and Services Tax Act, 2017.

Writ cannot be entertained as an efficacious statutory remedy is available to petitioner: HC

September 3, 2020 822 Views 0 comment Print

Paradeep Phosphates Ltd. Vs Asst. Commissioner, CGST And Central Excise (Orissa High Court) we are of the considered opinion that since an efficacious statutory remedy is available to the petitioner to assail the legality and validity of the order passed under Annexure-5, this Court should be slow in entertaining the writ petition at this stage. […]

GST -Section 50 CGST Act, 2017 – Interest liability for delayed payment of GST on net cash tax liability

August 25, 2020 6816 Views 0 comment Print

Prasanna Kumar Bisoi Vs  Union of India  (Orissa High Court) In a recent ruling passed by Hon’ble Orissa high court, held that w.r.t. interest liability for delayed payment of GST under Section 50(1) of the CGST Act, 2017, is required to be paid on net cash tax liability in view of the decision taken by […]

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