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M/S.Kusumi Scs LTD.,Dhenkanal vs. The Principal Commissioner, CGST And Central Excise, Bhubaneswar

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WP(C)/13795/2026HC OrissaGSTCNR ODHC01032887202612 May 2026Bench: MR. JUSTICE HARISH TANDON (CJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages

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Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13795 of 2026 CNR No.ODHC010328872026 M/S KUSUMI SCS Limited (now corrected as M/s. KUMUSI SCS Limited) … Petitioner Mr. Sriman Arpit Mohanty, Advocate -Versus- The Principal Commissioner, CGST & Central Excise, Bhubaneswar and another … Opposite Parties Mr. Bismay Anand Prusty, Senior Standing Counsel CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 25.08.2026

03.1.

Learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 9th November, 2022 followed by order dated 28th August, 2023 cancelling his client’s registration under Central Goods and Services Tax Act, 2017. He submits that the petitioner is ready and willing to pay the tax, interest, late fee, penalty and any other sum required to be paid for the return form of his client to be accepted by the Department. He relies on order dated 16th November, 2022 of coordinate Bench in W.P.(C) No.30374 of 2022 (M/s. Mohanty Enterprises v. The Commissioner, CT & GST, Odisha, Cuttack and others). He submits, his client’s claim to relief including prayer for condonation of delay is covered by said order.

2.

We reproduce below paragraph-2 from said order in M/s. Mohanty Enterprises (supra).

"

2.

In that view of the matter, the delay in Petitioner’s invoking the proviso to Rule 23 of the Odisha Goods and Services Tax Rules (OGST Rules) is condoned and it is directed that subject to the Petitioner depositing all the taxes, interest, late fee, penalty etc., due and complying with other formalities, the Petitioner’s application for revocation will be considered in accordance with law."

Likewise direction is made in this writ petition. Petitioner gets the relief in the interest of revenue.

3.

The writ petition is disposed of.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge

MRS/Laxmikant

Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.