Bimal Kumar Kar vs. Assistant Commisoner Of State Tax, Dhenkanal

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WP(C)/21176/2025HC OrissaGSTCNR ODHC01052551202508 August 2025Bench: 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 W.P.(C) No.21176 of 2025 Bimal Kumar Kar …. Petitioner Ms.Upasana Bal, Advocate -versus- Assistant Commissioner of State Tax Dhenkanal Circle, Odisha …. Opposite Party Mr.S.Das, ASC (C.T. & GST) CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR.JUSTICE MURAHARI SRI RAMAN Order No.

ORDER 08.08.2025

01.

This matter is taken up through hybrid mode.

2.

Ms.Bal, learned Advocate appears on behalf of the petitioner and submits, under challenge is show cause notice dated 27th March, 2024 followed by order dated 3rd July, 2024 cancelling his client's registration under Central Goods and Services Tax Act, 2017. She submits, her client 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 her 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. Commissioner, CT & GST, Odisha, Cuttack and others). She submits, her client's claim to relief including prayer for condonation of delay is covered by said order.

3.

Mr. Das, learned Additional Standing Counsel appears on behalf of the Opposite Party-Department.

4.

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.

5.

The writ petition is disposed of.

(Harish Tandon)

Chief Justice

(M.S. Raman)

Judge

Bichi

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.