M/S. Ganapati Enterprisers, Angul vs. State Tax Officer, Angul

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WP(C)/33112/2024HC OrissaGSTCNR ODHC01092977202407 January 2025Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO2 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.33112 of 2024 M/s. Ganapati Enterprisers, Angul …. Petitioner Represented By Adv. – Mrs. Z.M. Wallace, Advocate -versus- State Tax Officer, Angul …. Opp. Party Represented By Adv. Mr. S. Mishra, Standing Counsel CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No.

ORDER 07.01.2025

01.1.

Mrs. Wallace, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 3rd January, 2024 followed by order dated 27th February, 2024 cancelling her client’s registration under Odisha 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. She relies on order dated 16th November, 2022 of coordinate Bench in W.P.(C) no.30374 of 2022 (M/s. Mohanty Enterprises v. The

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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.

2.

Mr. Mishra, learned advocate, 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)

Judge

Jyostna/Radha (M.S. Sahoo)

Judge

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.