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        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

        Provisions expressly mentioned in the judgment/order text.

        <h1>Pre-Deposit via Electronic Credit Ledger Upheld, Original Order Overturned with Directive for Fresh Appellate Review within 90 Days</h1> The HC allowed the appeal against the CT & GST order, finding that pre-deposit through Electronic Credit Ledger was valid per GST Policy Wing ... Validity of pre-deposit through Electronic Credit Ledger - acceptance of Electronic Credit Ledger payment for statutory pre-deposit - setting aside of order for erroneous rejection of appeal on pre-deposit technicality - remand for fresh adjudication of appeal after acceptance of pre-depositValidity of pre-deposit through Electronic Credit Ledger - acceptance of Electronic Credit Ledger payment for statutory pre-deposit - Payment of the statutory pre-deposit debited from the Electronic Credit Ledger (ECL) is permissible and must be accepted by the Department. - HELD THAT: - The Court noted the Circular dated 6th July 2022 issued by the GST Policy Wing, CBIC, which clarifies that pre-deposit of tax can be made by utilising the Electronic Credit Ledger. On that foundation the Court concluded that the appellate authority erred in rejecting the appeal solely because the pre-deposit was debited from the ECL instead of the Electronic Cash Ledger. The petitioner's pre-deposit made through the ECL must therefore be treated as valid and accepted by the Department. [Paras 3, 4]The pre-deposit made through the Electronic Credit Ledger is valid and shall be accepted by the Department.Setting aside of order for erroneous rejection of appeal on pre-deposit technicality - remand for fresh adjudication of appeal after acceptance of pre-deposit - The impugned order rejecting the appeal on the ground of payment through ECL is set aside and the appeal is remitted for fresh disposal after acceptance of the pre-deposit. - HELD THAT: - Having found that the ECL payment is permissible, the Court set aside the order dated 31.03.2023 which had rejected the appeal. The petitioner was directed to appear before the first appellate authority with a downloaded copy of the Court's order, the Department was to accept the pre-deposit already made through ECL, and the appeal was directed to be listed and disposed of afresh after hearing both parties within a stipulated timeframe. [Paras 4]Impugned order dated 31.03.2023 is set aside; the appeal is remitted for fresh disposal after acceptance of the ECL pre-deposit.Final Conclusion: The writ petition is allowed: the appellate order rejecting the appeal for having debited the pre-deposit from the Electronic Credit Ledger is set aside; the Department shall accept the ECL pre-deposit and the appeal shall be listed for fresh hearing and disposed of within the directed timeframe. The Orissa High Court set aside an order by the Addl. Commissioner of CT & GST as the pre-deposit was made through the Electronic Credit Ledger, which was allowed as per a circular from the GST Policy Wing. The appeal will be listed before the 1st appellate authority for fresh disposal within three months.

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        ActsIncome Tax
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