Disposed

M/S.Swatik Ingot Pvt.Ltd. v. Chief Commissioner,Gst, Cx and Customs

Orissa HC13 Feb 2020WP(C)/1830/2020

Case brief

AI extract

What is this about?

The petitioner could not supply seized documents to the OGST Authority as they were held by the CGST. The court directed the petitioner to apply for copies via CGST, which must be supplied within three weeks.

What did the court decide?

Directing petitioner to apply for copies from CGST within 15 days; CGST to supply copies within three weeks of application.

M/S.Swatik Ingot Pvt.Ltd. Vs Chief Commissioner,Gst, Cx… — Banking and Recovery | Orissa HC (2020)

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W.P.(C) No. 1830 of 2020

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13.02.2020

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Heard.

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The petitioner on receipt of summons vide Annexure-1 from the Director General of Goods and Service Tax Intelligence (DGGI), Bhubaneswar Zonal Unit has filed his reply and the matter is now pending in the CGST.

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Mr. T. K. Satapathy, learned counsel for the CGST submits that the proceeding has been initiated on the basis of Intelligence Report and some documents have been seized from the petitioner for the purpose of the proceeding.

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In the meantime, the OGST has initiated proceeding under Section-70 of the OGST Act vide Annexure-4. The said proceeding is also pending. In the proceeding before the OGST Authority some documents have been called for from the petitioner.

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The grievance of the petitioner is that, since the documents called for by the OGST Authority has been seized by the CGST Authority, he is not in a position to supply the documents to the OGST Authority.

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Mr. T. K. Satapathy, learned counsel for the CGST submits that, though the documents cannot be released in favour of the petitioner in view of the currency of the proceeding, if the petitioner applies for

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copy of the same, copies can be supplied to the petitioner in accordance with law.

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Regard being had to such facts, this writ petition is disposed of, directing the petitioner to apply for copies of the Documents required by him before the CGST authority within 15 (fifteen) days from today. If such an application is filed, the copies of the documents sought for shall be supplied within a period of three weeks from the date of his application.

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The petitioner is directed to cooperate both the CGST and OGST Authorities for early disposal of the proceedings.

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The writ petition is accordingly disposed of. Urgent certified copy of this order be granted as per rules.

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Free copies of this order be supplied to learned counsel for the CGST and learned counsel for the OGST.

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…..………………………...

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Balaram

M/S.Swatik Ingot Pvt.Ltd. v. Chief Commissioner,Gst, Cx and Customs

Case brief

What is this about?

What did the court decide?

M/S.Swatik Ingot Pvt.Ltd. v. Chief Commissioner,Gst, Cx and Customs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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