Orissa High Court
M/S. Abhipsa Construction vs Principal Commissioner on 8 May, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6459 of 2025
M/s. Abhipsa Construction, BBSR, .... Petitioner
Khurda
Mr. Chitta Ranjan Das, Advocate
-versus-
Principal Commissioner, GST and .... Opposite Parties
Central Excise, Rajaswa Vihar,
BBSR and others
Mr. Bismay Anand Prusty, Senior Standing Counsel
CORAM:
THE HON'BLE THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 08.05.2025
01. W.P.(C) No.6459 of 2025 and I.A. No.3275 of 2025 This matter is taken up through Hybrid mode.
2. Mr. C.R. Das, learned advocate appears for the petitioner and submits, impugned is the show cause notice dated 25th May, 2023 and adjudication order dated 22nd November, 2024 issued under Section 74 of Odisha Goods and Services Tax Act, 2017 for period commencing from July, 2017 to March, 2020. Referring to, inter alia, sub-Section (10) in Section 74, he submits, there is prescribed period for issuance of notice as within five years, inter alia, from due date of furnishing of annual return for a particular financial year.
3. He relies on view taken by a learned single Judge in the High Court of Karnataka in Writ Petition No.15810 of 2024 (TRes) on judgment Page 1 of 3 dated 4th September, 2024 (Veremax Technologie Services Ltd. v. Assistant Commissioner of Central Tax). The learned Judge held, consolidation of multiple assessment years into single show cause notice contravenes the provisions. He seeks interference, interim at the stage.
4. Mr. Prusty, learned Senior Standing Counsel appears on behalf of Revenue and draws attention to definitions Section 2(106) to submit, meaning given to 'tax period', when applied to the show cause notice brooks no interference. He submits further, as on date of issuance of the show cause notice, petitioner had obtained registration.
5. Petitioner is relying on view taken by a learned single Judge against consolidation of tax period. In the circumstances, the writ petition requires hearing.
6. Counter be filed by 17th June, 2025 as prayed for by Mr. Prusty, learned Senior Standing Counsel. Petitioner may file rejoinder, to be accepted on adjourned date upon advance copy served.
7. In view of the fact that multiple tax periods have been clubbed for the purpose of framing assessment under Section 74, this matter has been directed for getting response from the Opposite Parties. However, it is pointed out by the learned Senior Standing Counsel for the CGST Department that the Petitioner has admitted its tax liability and he is directed to deposit the same. Learned counsel for the Petitioner did not dispute the same.
8. In such view of the matter, the Petitioner is directed to discharge its liability by depositing the tax admitted on or before the next date of listing in three equated instalments. In the event of such deposit being Page 2 of 3 made by the next date of listing, no coercive action shall be taken against the petitioner to recover the rest amount of the demand.
9. List this matter on 17th June, 2025.
(Harish Tandon) Chief Justice (M.S. Raman) Judge MRS/Laxmikant Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-May-2025 10:33:42 Page 3 of 3