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M/S Maa Maheswari Filling Station, Angul vs. The Principal Commissioner Of Central Goods And Service Tax, Bbsr

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WP(C)/8551/2025HC OrissaGSTCNR ODHC01020931202527 March 2025Bench: MR. JUSTICE HARISH TANDON,MR. JUSTICE ARINDAM SINHA2 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.8551 of 2025 M/s. Maa Maheswari Filling Station, Angul …. Petitioner Represented by Adv.– Mr. A. Mohanty, Advocate -Versus- The Principal Commissioner of Central Goods and Services Tax, Bhubaneswar and others …. Opposite Parties Represented by Adv.– Mr. A. Kedia, Junior Standing Counsel Mr. S. Das, Additional Standing Counsel CORAM: THE HON’ BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ARINDAM SINHA Order No.

ORDER 27.03.2025 01. 1. Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 3rd January, 2024 followed by order dated 14th March, 2024 cancelling his client’s registration under Odisha 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.

2.

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

3.

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.

4.

The writ petition is disposed of.

(Harish Tandon) Chief Justice

(Arindam Sinha) Judge

S. Behera

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.