M/S Ashraf Petrol Pump, Berhampur vs. The Principal Commissioner Of Central Goods And Service Tax , Bbsr

Dr. Padhi, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 12th August, 2024 followed by order dated 24th October, 2024 cancelling his client’s registration under Central Goods and Services Tax Act, 2017. He submits, his 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 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.

Mr. Das, learned advocate, Additional Standing Counsel appears on behalf of State revenue and Mr. A. Kedia, learned advocate, Junior Standing Counsel for Central Revenue.

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

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."

The writ petition is disposed of.