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Case Law Details

Case Name : Commissioner Vs TRL Krosaki Refractories Ltd. (Orissa High Court)
Appeal Number : OTAPL No.7 of 2024
Date of Judgement/Order : 23/10/2024
Related Assessment Year :
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Commissioner Vs TRL Krosaki Refractories Ltd. (Orissa High Court)

In Commissioner v. TRL Krosaki Refractories Ltd., the Orissa High Court dismissed a CGST-related appeal following a recent revision in the monetary threshold for departmental appeal filings. Representing the revenue, Senior Standing Counsel Mr. Satapathy requested permission to withdraw the appeal, as it no longer met the revised monetary limit set by the Central Board of Indirect Taxes and Customs (CBIC) for appeals. This revision, implemented to reduce the number of appeals filed by the revenue department, raised the threshold amount for tax disputes, allowing the judiciary and department to focus resources on higher-value cases.

The Court granted the withdrawal request, noting that since the appeal was yet to be admitted, it was appropriate to dismiss it in light of the updated monetary criteria. This dismissal reflects the broader trend in tax litigation aimed at optimizing judicial resources by setting a monetary filter for appeals, effectively reducing the caseload of smaller-value tax disputes.

With this judgment, the Orissa High Court adhered to the revised CBIC policy, emphasizing the importance of selective appeals based on tax value. This approach aims to alleviate the burden on courts by addressing only substantial tax disputes, streamlining the litigation process within the CGST framework.

FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT

Mr. Satapathy, learned advocate, Senior Standing Counsel appears on behalf of appellant-revenue and submits, application has been filed with prayer to permit appellant to withdraw the appeal. It has not yet been admitted.

2. It appears from, inter alia, paragraph-2 that the application has been made pursuant to upward revision in monetary limit for filing appeal by the department. As such tax effect of the appeal is less than the raised limit.

3. The application is allowed and disposed of. The appeal is dismissed.

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