The Matter is pending
Case Title | Krishna Marndi vs Additional Commissioner of State Tax Appeal CT & GST |
Court | Orissa High Court |
Honorable Judges | Justice Jaswant Singh and Justice M.S. Raman |
Citation | 2022 (8) GSTPanacea 181 HC Orissa W.P.(C)No.31710 of 2021 |
Judgement Date | 01-August-2022 |
Council for Petitioner | Ms. Kananbala Roy Choudhury |
Council for Respondent | Mr. L. Samntaray and Mr. Sunil Mishra |
The High Court of Orissa, Cuttack bench of Justices Jaswant Singh and M.S. Raman., it is directed that subject to the Petitioner depositing 20% of the tax amount as determined by the Appellate Authority vide order dated 12th May, 2021, no coercive action shall be taken against the Petitioner till the next date. It is, further, directed that there shall be stay of further proceeding pursuant to the notice dated 13th September, 2021 issued under Section 73 of the OGST Act, 2017 till the next date
FACTS OF THE CASE
The Petitioner has contended in the writ petition that the Appellate Authority has not taken into consideration the figure of taxable turnover and thereby erroneously computed the tax liability. Learned counsel for the Petitioner has further brought to the notice of this Court that the aforesaid appeal was at the behest of the tax payer-assessee pertaining to the period April, 2018 to March, 2019 in connection with adjudication made under Section 74 of the OGST Act, 2017 by the Additional State Tax Officer, CT & GST Circle, Mayurbhanj, Baripada; however, further notice dated 13th September, 2021 has been issued initiating proceeding under Section 73 of the OGST Act, 2017 for the tax period 1st December, 2018 to 31st December, 2018. Ms. Roy Choudhury has urged that since the adjudication order under Section 74 of the OGST Act, 2017 has been merged in the appellate order dated 12th May, 2021, the subsequent action by issue of notice dated 13th September, 2021 issued under Section 73 of the OGST Act, 2017 involving a period (December, 2018), which was subject-matter of appeal, is not tenable in the eye of law. Learned Additional Standing Counsel for the CT & GST Organization objecting to such contention submitted that the figures have been obtained from the data available in WAMIS [Works and Accounts Management Information System]. Since the Petitioner filed returns disclosing NIL figures, the revenue authorities have ascertained the figures from date available in WAMIS and appropriately determined the tax liability.
The Matter is pending
COURT HELD
Considering the fact that as yet to challenge the first appeal order, the Tribunal contemplated under Section 109 of the OGST Act, 2017 has not been constituted, it is directed that subject to the Petitioner depositing 20% of the tax amount as determined by the Appellate Authority vide order dated 12th May, 2021, no coercive action shall be taken against the Petitioner till the next date. It is, further, directed that there shall be stay of further proceeding pursuant to the notice dated 13th September, 2021 issued under Section 73 of the OGST Act, 2017 till the next date.
The Matter is pending
ANALYSIS OF THE JUDGEMENT
The matter is yet to be taken up and the final order is yet to be given.
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