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The Court is convened through Video Conferencing mode. 2. Heard Mr. Pravat Kumar, learned counsel for the petitioner and Mr. Sunil Mishra, learned Standing Counsel for the opposite parties-Central Goods and Service Tax (CGST). 3. This writ petition has been filed by the petitioner-M/s. OCL Iron and Steel Limited with the following prayer: "Therefore, on the facts and in the circumstances of the case, it is most humbly and respectfully, prayed that this Hon'ble Court may g...

Sep 16, 2020  

Heard Mr.Jnanesh Mohanty, learned counsel for the petitioner and Mr.R.S.Chimanka, learned Senior Standing Counsel for CGST & Central Excise through Video Conferencing mode. 2. The petitioner-Company in this writ petition prays for a direction to set aside the order passed by the Assistant Commissioner, CGST and Central Excise, Cuttack Division (OP No.1) in rejecting the refund of unutilized ITC to the petitioner-Company accumulated taking into account of inverted duty structure. The p...

Sep 3, 2020  

Heard Mr.Jnanesh Mohanty, learned counsel for the petitioner and Mr.R.S.Chimanka, learned Senior Standing Counsel for CGST & Central Excise through Video Conferencing mode. 2. The petitioner-Company in this writ petition prays for a direction to set aside the order passed by the Assistant Commissioner, CGST and Central Excise, Cuttack Division (OP No.1) in rejecting the refund of unutilized ITC to the petitioner-Company accumulated taking into account of inverted duty structure. The p...

Sep 3, 2020  

Heard Mr. A. Sanganeria, learned counsel for the petitioner and Mr. P.K. Muduli, learned Additional Government Advocate for the State. 2. Mr. P.K. Muduli, learned Additional Government Advocate for the State accepts notice for opposite party nos.1 to 3. 3. Mr. A. Sanganeria, learned counsel for the petitioner submits that the present writ petition being identical to W.P.(C) No.5933 of 2020, the same may be disposed of in terms of the order dated 18.02.2020, passed in W.P.(C) No.5933 o...

Sep 2, 2020  

Heard learned counsel for the petitioner and Mr.T.K.Satpathy, learned counsel for Central Excise. 2. The grievance of the petitioner in this Writ Petition is that he is registered under Central Goods and Service Tax having GSTIN No.21AJIPB2032N1ZO. He has filed the returns for the financial year 2017-18, 20018-19 and 2019-20 at belated stage and availed Input Tax Credit at the time of filing GSTR-3B returns, as Works Contractor. The Superintendent, Central GST and Central Excise, Berhampu...

Aug 21, 2020  

1. The present petitioner, who is in custody, has filed the instant bail application under Section 439 of the Cr.P.C. in connection with Case No.2 of 2019 dated 18.01.2020 of the C.T. and GST Enforcement Unit Jajpur, Jajpur Road, corresponding to 2(C) CC Case No. 9 of 2020 for commission of offences punishable under Section 132(1)(b)(c) and (l) of OGST Act, 2017. Prior to instant application, the petitioner also approached the First Additional Sessions Judge, Rourkela vide Bail Application No...

Jul 27, 2020  

By way of this writ petition, petitioner has challenged the action of the opposite parties in not reimbursing the differential tax amount arising out of change in tax regime from Value Added Tax (VAT) to Goods and Service Tax (GST) with effect from 01.07.2017. Batch of writ petitions are being filed on this issue. 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 peti...

Mar 20, 2020  

The Registration Certificate of the petitioner under the OGST Act & Rules made thereunder was cancelled on the ground of non-filing of return. Subsequently, the petitioner filed return along with tax with an application for revocation of the cancellation order. The said application was rejected on the ground that, the petitioner is liable to pay interest for the delayed payment. Learned counsel for the petitioner submits that the petitioner has also paid interest in the meantime. ...

Mar 20, 2020  

Heard learned counsel for the petitioner and Mr. Sunil Mishra, learned counsel for the State, GST authorities. Pursuant to the show cause notice issued by the GST authorities, the petitioner supplied all the documents and on consideration of the same vide order dated 27.03.2019, Registration Certificate of the petitioner was cancelled. The petitioner should have filed appeal before the competent authority within a period of three months or at best within a period of four months, as there ...

Feb 18, 2020  

The petitioner on receipt of summons vide Annexure-1 from the Director General of Goods and Service Tax Intelligence (DGGI), Bhubaneswar Zonal Unit has filed his reply and the matter is now pending in the CGST. Mr. T. K. Satapathy, learned counsel for the CGST submits that the proceeding has been initiated on the basis of Intelligence Report and some documents have been seized from the petitioner for the purpose of the proceeding. In the meantime, the OGST has initiated proceeding und...

Feb 13, 2020