Sanjib Kumar Baishakh @ Baishaka vs. Chief Commissioner, CGST, Bbsr

WP(C)/25593/2024HC OrissaGSTCNR ODHC01074139202428 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE SANJAY KUMAR MISHRA2 pages
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Held

The Court condoned the delay in the petitioner's application for revocation of cancellation. It directed the department to consider the application subject to the petitioner depositing all due taxes, interest, late fees, and penalties.

Facts

The petitioner's GST registration was cancelled. He is willing to pay all outstanding dues, including tax, interest, late fee, and penalty, to have his registration restored. He seeks relief based on a previous High Court order.

Key Issues

Whether the delay in applying for revocation of GST registration cancellation should be condoned. Whether the petitioner's willingness to clear dues warrants consideration of his application.

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.25593 of 2024 Sanjib Kumar Baishakh @ Baishaka …. Petitioner Represented by Adv.- Mr. A.S. Mohanty, Advocate -versus- Chief Commissioner, CGST, BBSR and another …. Opposite Parties Represented by Adv.- Mr. M. Agarwal, Advocate Jr. Standing Counsel CORAM: THE HON’BLE MR. JUSTICE ARINDAM SINHA AND THE HON’BLE MR. JUSTICE SANJAY KUMAR MISHRA

ORDER 28.11.2024

1.

Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 28th December, 2020 followed by order dated 19th January, 2021 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, O

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