Entire disputed amount required to be deposited before opting writ remedy

[CA Bimal Jain]

The Hon’ble Orrisa High Court in KRUSHNA MOHAN DUTTA VERSUS COMMISSIONER OF CT & GST, ODISHA & OTHERS  - 2023 (9) TMI 41 - ORISSA HIGH COURT held that, the assessee is required to deposit entire disputed demand within 15 days if the assessee intends to seek remedy through writ court in case on non-constitution of GSTAT.

Facts:

Krushna Mohan Dutta (“the Petitioner”) preferred and appeal before the Joint Commissioner of State Tax, CT & GST (“the first Appellate Authority”) who vide Order dated June 02, 2023 (“the Impugned Order”) has not admitted the appeal preferred by the Petitioner, as the same is in contravention to 107(1) & (4) of the Central Goods and Services Tax Act, 2017 (“the CGST Act”). Due to non-constitution of the Appellate Tribunal the Petitioner filed the present writ before the Hon’ble Orissa High Court.

Issue:

Whether the Petitioner is liable to deposit the tax demand if the tax was entirely paid and the Appellate Tribunal is not yet constituted?

Held:

The Hon’ble Orrisa High Court in KRUSHNA MOHAN DUTTA VERSUS COMMISSIONER OF CT & GST, ODISHA & OTHERS  - 2023 (9) TMI 41 - ORISSA HIGH COURT held as under:

• Observed that, the Petitioner wanted to avail the remedy under the provisions of law by approaching the Appellate Tribunal which is not yet constituted.
• Directed, the Petitioner to deposit the entire tax demand within the period of fifteen days.
• Opined that, subject to the Petitioner depositing entire tax demand, the rest of the demand shall remain stayed.
• Listed the matter along with W.P.(C) No.6684 of 2023 [M/S PRAVAT KUMAR CHOUDHURY, CUTTACK VERSUS THE ADDL. STATE TAX OFFICER, CT & GST, CUTTACK-II CIRCLE AND ORS. - 2023 (4) TMI 591 - ORISSA HIGH COURT] for the next date.

(Author can be reached at [email protected])