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Orissa High Court

HC stays Penalty and Interest under GST as GSTAT not constituted

April 27, 2023 1281 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 1227 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 1737 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 1263 Views 0 comment Print

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

Technical glitches on Portal- CBDT should extend due to file returns/tax audit reports

April 21, 2023 16560 Views 1 comment Print

All Odisha Tax Advocates Association Vs Union of India (Orissa High Court) HC held that Considering that the Department has itself acknowledge that there have been technical glitches which have prevented many Assesses from filing their returns and tax audit reports within time, and taking a cue from the aforementioned judgment of the Gujarat High […]

Non-Constitution of GSTAT: HC stays Demand subject to payment of 20%

April 21, 2023 570 Views 0 comment Print

Arati Construction Vs Joint Commissioner of State Tax (Appeal) (Orissa High Court) In the event the petitioner wants to avail the remedy by preferring appeal before the 2nd appellate tribunal then the petitioner is liable to pay 20% balance disputed tax for consideration of its appeal by the 2nd GST appellate tribunal GSTAT). Since the […]

Palpable error in e-way bill & Tax Invoice amount is human error: HC

April 21, 2023 1362 Views 0 comment Print

In tax invoice the amount has been mentioned as Rs.1,97,047.86 whereas in e-Way Bill it has been mentioned as Rs.197047086.00. There is palpable error in e-way bill, which may be construed to be an human error

HC upheld deletion of addition of provision for dam maintenance

April 20, 2023 741 Views 0 comment Print

HC held that ITAT was justified in deletion of addition in respect of provision for dam maintenance for five dams being RHEP, Rangali, BHEP, Balimela, UKHPE, Barinut, HPS, Burla and UIHEP, Mukhiguda

Treatment of supply of ballast and chips subject to 4% Sales tax in Odisha

April 18, 2023 1308 Views 0 comment Print

Orissa High Court held that treatment of supply of ballast and chips and deduction of incidental charges from gross turnover is decided in favour of assessee in D.K. Construction case i.e. supply subject to 4% tax, accordingly, Assessing Authority directed to re-compute the tax liability based on observation in D.K. Construction case.

Non-payment of dues under SVLDR Scheme: Orissa HC directs to Lift Attachment

April 18, 2023 231 Views 0 comment Print

Bhagwati Agency Vs Assistant Commissioner, GST & Central Excise (Orissa High Court) 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard Mr. Sidhhartha Ray, learned Senior Counsel assisted by Mr. S.K. Sahu, learned counsel appearing for the petitioner. We have also heard Mr. A. Kedia, learned Standing Counsel appearing for the […]

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