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GANPATI HOMES PRIVATE LIMITED vs. THE STATE OF JHARKHAND & OTHERS
(Jharkhand High Court)

Hon'ble Judges:

APARESH KUMAR SINGH
DEEPAK ROSHAN
Pet. Counsel
Sidhi Jalan
Res. Counsel
Ashok Kumar Yadav
Priyanka Boby

Petitioner / Applicant

GANPATI HOMES PRIVATE LIMITED
Respondent THE STATE OF JHARKHAND & OTHERS
Court Jharkhand High Court
State

Jharkhand

Date Nov 29, 2022
Order No.

W.P.(T) No. 2656 of 2021

Citation

2022(11) TAXREPLY 6640
Original Order
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ORDER

ORDER Writ petition was preferred with the following prayers : A. For issuance of an appropriate writ, order or direction, for holding and declaring that the action of the State Tax Officer-Respondent No. 5 to be in conflict with the mandate of Section 107 (7) of the Act inasmuch as once an Appeal has been preferred in terms of Section 107 of the State Goods and Services Tax Act, 2017 and Section 107(6) of the Act has been complied with, which pertains to pre-deposit, no recovery could have been made by the State Taxes Department, unless the Appeal of the Assessee is rejected, although during the pendency of Appeal of the Petitioner till today, the respondent No. 5 has realized the disputed amount from the Electronic Cash Ledger of the petitioner. B. For issuance of an appropriate writ, order or direction, for holding and declaring that Section 107 (13) of the Act is mandatory and not directory and once the Appeal having been filed within time and no adjudication having ....

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