Pratap Kumar Rautaray vs. Superintendent, CGST And Central Excise,Bhubaneswar Iii Circle

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WP(C)/7289/2025HC OrissaGSTCNR ODHC01014809202520 March 2025Bench: MR. JUSTICE ARINDAM SINHA (ACJ),MR. JUSTICE M.S.SAHOO3 pages

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Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7289 of 2025 (Through hybrid mode) Pratap Kumar Rautaray …. Petitioner Represented By Adv. – Mr. Chitrasen Parida, Advocate -versus- Superintendent, CGST and Central Excise, Bhubaneswar III Circle …. Opposite Party Represented By Adv. – Mr. A. Kedia, Jr. Standing Counsel CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA, THE ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.S. SAHOO

ORDER 20.03.2025

1.

Mr. Parida, learned advocate virtually appears on behalf of petitioner and submits, under challenge is show cause notice dated 14th November, 2023 followed by order dated 20th May, 2024 cancelling her 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 Order No. 01. 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. 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. Kedia, learned advocate, Junior Standing Counsel appears on behalf of the department.

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.

(Arindam Sinha)

Acting Chief Justice

(M.S. Sahoo)

Judge

Sks

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.