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High CourtsDivision Bench(2024) 02 OHC CK 0208

M/s. H.K. Engineering, Sambalpur vs Deputy Commissioner Of CT And GST, Sambalpur II Circle And Others

Orissa High Court · Decided on 21 February 2024

HON’BLE JUDGES
Dr. B.R. Sarangi, J · M.S. Sahoo, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 40207 Of 2023

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Judgment

14 paragraphs · 344 words

I.A. NO.20012 OF 2023

1.

This application has been filed by the petitioner seeking a direction to correct the inadvertent typographical errors occurred in order dated 18.12.2023 passed in I.A. No.19377 of 2023.

2.

Learned Senior Counsel for the Petitioner states that during the course of hearing on 18.12.2023 it was submitted that “the petitioner had paid more than 30% of the demanded tax” but inadvertently in I.A. No.19377 of 2023, it has been typed as “the petitioner has already deposited more than the tax demanded. Therefore, the petitioner has prayed for necessary correction in the order dated 18.12.2023 in the interests of justice.

3.

Considering the submission of learned Senior Counsel for the petitioner and the contentions raised in the application itself, the order dated 18.12.2023 is recalled. Consequently, the I.A.No.19377 of 2023 is restored to the file.

4.

The Registry is directed to delete the order dated 18.12.2023 from the website, since the present order is now passed recalling the said order dated 18.12.2023.

W.P.(C) NO.40207 OF 2023

5.

This matter is taken up through hybrid mode.

6.

The present writ petition is being entertained only because the Second Appellate Tribunal has not yet been constituted.

7.

Issue notice. Since Mr. Seshadev Das, learned Additional Standing Counsel for the Department accepts notice for the Opposite Parties, let required number of copies of the writ petition be served on him within three working days. Reply be filed within two weeks and rejoinder affidavit thereto, if any, be filed before the next date.

8.

List this matter connecting with W.P.(C) No.5501 of 2023 on the date fixed therein.

I.A. NO.19377 OF 2023

9.

Learned Senior Counsel appearing for the petitioner informs the Court that the petitioner has already deposited more than 30% of the tax demanded. In that view of the matter, subject to verification by the authority concerned, no coercive steps shall be taken against the petitioner during pendency of the writ petition.

10.

The application is accordingly disposed of. An urgent certified copy of this order be issued as per rules.

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