9911796707
TMI Blog2023 (12) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... edy of appeal against the impugned order - non-constitution of the Tribunal - HELD THAT:- The respondent State authorities have acknowledged the fact of non-constitution of the Tribunal and come out with a notification bearing Order No. 09/2019-State Tax, S. O. 399, dated 11.12.2019 for removal of difficulties, in exercise of powers under Section 172 of the B.G.S.T Act, which provides that period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AND HONOURABLE MR. JUSTICE PARTHA SARTHY For the Petitioner: Mrs. Archana Sinha, Advocate For the Respondent: Mr. Vikash Kumar (SC-11) ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) The instant writ petition has been filed under Article 226 of the Constitution of India seeking multifarious reliefs. 2. The petitioner essentially is desirous of availing statutory remedy of appeal agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bearing Order No. 09/2019-State Tax, S. O. 399, dated 11.12.2019 for removal of difficulties, in exercise of powers under Section 172 of the B.G.S.T Act, which provides that period of limitation for the purpose of preferring an appeal before the Tribunal under Section 112 shall start only after the date on which the President, or the State President, as the case may be, of the Tribunal after its c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been granted by this Court in the case of SAJ Food Products Pvt. Ltd. vs. The State of Bihar & Others in C.W.J.C. No. 15465 of 2022. (ii) The statutory relief of stay, on deposit of the statutory amount, however in the opinion of this Court, cannot be open ended. For balancing the equities, therefore, the Court is of the opinion that since order is being passed due to non constitution of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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