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BAGADIYA BROTHERS PRIVATE LIMITED vs. COMMISSIONER OF COMMERCIAL TAX & GST, CUTTACK
(Orissa High Court)

Hon'ble Judges:

DR. S. MURALIDHAR
B. P. ROUTRAY
Pet. Counsel
P. Acharya
Res. Counsel
Sunil Mishra
S.p. Dhal

Petitioner / Applicant

BAGADIYA BROTHERS PRIVATE LIMITED
Respondent COMMISSIONER OF COMMERCIAL TAX & GST, CUTTACK
Court Orissa High Court
State

Odisha

Date Apr 15, 2021
Order No.

W. P. (C) No. 14026 of 2019

Citation

2021(4) TAXREPLY 4085
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ORDER

1. This matter is taken up by video conferencing mode. 2. A counter affidavit has been filed by Opposite Party No.1 where in paragraphs 3 to 5, it is stated as under: "3. That the petitioner, M/s Bagadiya Brothers Pvt. Ltd., is a business entity registered under GST in Chhattisgarh. It does import and export business through various ports of India including Paradip Port in Odisha. For certain taxable services supplied by Paradip Port Trust (PPT) to the petitioner, the PPT had issued intra-State invoice. The petitioner, claiming to get inter-State invoice, had approached the Hon'ble High Court of Delhi who had directed the petitioner to approach the jurisdictional GST Commissioner to redress his grievance. Accordingly, the petitioner had submitted a representation before the Commissioner of CT & GST, Odisha who advised the PPT to issue inter-State IGST invoice in favour of the petitioner instead of intra-State CGST/SGST invoice. 4. That, therefore, the issue ....

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