Citation : 2025 Latest Caselaw 2794 Ori
Judgement Date : 20 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.33211 of 2024
Trilochan Sahu .... Petitioner
Represented By Adv. -
Mr. A.N. Mohanty, Advocate
-versus-
Union of India and others .... Opposite Parties
Represented By Adv. -
Mr. S. Das, Addl. Standing Counsel
Mr. S.K. Roychoudhury, Sr. SC
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
20.01.2025 Order No.
01. W.P.(C) no.33211 of 2024 and I.A. no.17566 of 2024
1. Mr. Mohanty, learned advocate appears on behalf of petitioner
and submits, under challenge is, inter alia, notification dated 28th
December, 2023 made by Central Board of Indirect Taxes and
Customs. He submits, similar challenge has been admitted by us on
order dated 1st August, 2024 passed in W.P.(C) no.17352 of 2024
(Arrdy Engineering Innovations Private Limited v. Union of India
and others).
2. He submits, he has an additional point. Though impugned
notification says it is on recommendation of the council but no such
// 2 //
recommendation is available for being accessed by the public. He
relies on view taken by a learned single Judge in the Gauhati High
Court on judgment dated 19th September, 2024 in a batch of writ
petitions, lead case being W.P.(C) 3585 of 2024 (M/s. Barkataki
Print and Media Services v. Union of India and others).
3. Mr. Das, learned advocate, Additional Standing Counsel
appears on behalf of State revenue and Mr. Roychoudhury, learned
advocate, Senior Standing Counsel, for Central revenue.
4. Revenue is on notice of petitioner's contention. They will take
a call on disclosure to be made. If disclosure is made, it will be
accepted on adjourned date upon advance copy served.
5. Mr. Mohanty prays for interim protection against recovery
pursuant to belated assessment order passed.
6. List on 10th February, 2025 Assessment order dated 31st
August, 2024 will remain stayed till next date of hearing.
(Arindam Sinha)
Acting Chief Justice
Signed by: JYOTIPRAVA BHOL (M.S. Sahoo)
Reason: Authentication Judge
Location: HIGH COURT OF ORISSA
Date: 21-Jan-2025 10:32:45
Jyoti
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