TaxTMI 
TaxTMI 
2022 (7) TMI 913
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....oner for advancing the date of posting from 12th August, 2022, as directed vide Order dated 17th May, 2022, to any earlier date. 3. It is submitted by the counsel for the petitioner that after passing of Order dated 17th May, 2022 in the aforenoted writ petition, the petitioner-company has taken a decision to withdraw the writ petition in order to avail statutory remedy. Accordingly, memo has been moved before this Court for urgent listing of the matter which being allowed the matter is placed today for consideration. 4. The counsel for the opposite parties have no objection. 5. In view of the above, the date specified vide Order dated 17th May, 2022 is ordered to be advanced and with the consent of the counsel for the parties matt....
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.... of Prohibition commanding the Opp.Parties to forebear from giving any effect to and/or taking any step whatsoever pursuant to and/or in furtherance of the Impugned Order dated 28.03.2022; (d) Costs of any incidental to this application be paid by the Opp.Parties; (e) Such further or other order or orders be made and/or directions be given as would afford complete relief to the Petitioner." 3. On 17th May, 2022 the matter was on board for consideration of petition along with I.A. No.5190 of 2022 with a prayer to pass interim order granting stay of recovery of demand. This Court considering the submission of counsel for the respective parties observed in relevant paragraphs 7 to 9 as under: "7. We have patiently....
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....s conceded that the Input Tax Credit with JSW Steel Limited (in the State of Odisha) was found in excess, which remained unutilized. This excess input tax credit has been sought to be utilized by raising tax invoices in favour of JSW Steel Ltd. in the State of Maharashtra, declared ISD, in the garb of support service. That apart, it is not clear at all as to what is support service which has been provided by JSW Steel Ltd. (Odisha) to JSW Steel Ltd.-ISD at Mumbai, much less any common services which could be utilized by other units located in other parts of the country. It also emerges that JSW Steel Ltd. in Odisha has utilized JSW Steel Ltd.-ISD Mumbai as wrongful conduit and facilitated the utilization of input tax credit by other units o....
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....lack of jurisdiction or otherwise) of the State of Odisha as set out in the writ petition and vehemently pressed into service by the senior counsel for the Petitioner, while declining to allow prayer for restraining the opposite parties from effecting recovery of demand, this Court issued notice in W.P.(C) No.10052 of 2022 along with I.A. No.5190 of 2022. 5. It is conceded by the counsel for the petitioner that against the said interim Order dated 17th May, 2022, the petitioner approached the Hon'ble Supreme Court of India in S.L.P.(C) No.9995 of 2022. By way of affidavit in I.A. No.8013 of 2022, the petitioner has submitted that said petition is yet to be taken up for admission by said Hon'ble Court. Prayer for withdrawal of writ pet....