M/S Sarbeswar Swain vs. The Commissioner Of Central Goods And Service Tax

WP(C)/29531/2024HC OrissaGSTCNR ODHC01083642202404 December 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO2 pages
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Held

The Court condoned the delay in the petitioner invoking the relevant rule for revocation of registration. It directed the department to consider the revocation application subject to the petitioner fulfilling all financial obligations.

Facts

The petitioner challenged a show cause notice and an order cancelling their GST registration. The petitioner expressed willingness to pay all due taxes, interest, late fees, and penalties.

Key Issues

Whether the delay in filing for revocation of GST registration should be condoned, and if the petitioner is willing to pay dues, should their application be considered.

Sections Cited

Rule 23

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.29531 of 2024 M/s. Sarbeswar Swain …. Petitioner Represented by Adv.- Mr. Debasish Hazra, Advocate -versus- The Commissioner of Central Goods and Service Tax, Sundargarh and another …. Opposite Parties Represented by Adv.- Mr. Avinash Kedia, Junior Standing Counsel CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE M.S. SAHOO

ORDER 04.12.2024

1.

Mr. Hazra, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 16th March, 2022 followed by order dated 2nd May, 2022 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, Odis

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