Jitendra Nath Khandual vs. Addl. Comnr, GST(Appeals), Bbsr

WP(C)/30833/2024HC OrissaGSTCNR ODHC01086865202411 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 pages
AI SummaryAllowed

Held

The Court condoned the delay in the petitioner's application for revocation of registration. It directed the department to consider the application in accordance with law, subject to the petitioner depositing all dues.

Facts

The petitioner challenged a show cause notice and an order cancelling his GST registration. He expressed willingness to pay all outstanding dues, including tax, interest, late fee, and penalty.

Key Issues

Whether the delay in filing an application for revocation of GST registration should be condoned. Whether the petitioner should be allowed to regularize his compliance after cancellation of registration.

Sections Cited

Rule 23

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30833 of 2024 Jitendra Nath Khandual, Jagatsinghpur …. Petitioner Represented By Adv. – Mr. R.C. Jena, Advocate -versus- Additional Commissioner, GST (Appeals), Bhubaneswar and another …. Opp. Parties Represented By Adv. Mr. A. Kedia, Advocate (Jr. Standing Counsel) CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No.

ORDER 11.12.2024

01.1.

Mr. Jena, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 5th July, 2023 followed by order dated 24th September,2023 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

The judgment continues below.

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