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Issues: Whether the impugned appellate order had been served or communicated to the petitioner in the manner required under the Orissa Value Added Tax Act, 2004 and the Orissa Value Added Tax Rules, 2005, and whether the petitioner's subsequent payment of the balance tax affected its right to seek revision.
Analysis: The Court noted the rival contentions on service and communication of the order, including reliance on the dispatch register, the statutory provision concerning communication, and the rules dealing with supply of copy of an order and notice to an agent. It also noted that the cited Supreme Court decisions were distinguishable on facts. As a factual issue had arisen regarding service of the impugned order by hand and the consequent payment made thereafter, the revenue was given liberty to place an affidavit on the next date with advance copy to the other side.
Outcome: The matter was directed to be listed on a subsequent date for receipt of affidavit on the disputed question of service.