M/S Nisanta Automobile Private Limited vs. Commissioner CT And GST Odisha

WP(C)/29389/2024HC OrissaGSTCNR ODHC01083066202428 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE SANJAY KUMAR MISHRA2 pages
AI SummaryAllowed

Held

The Court condoned the delay in the petitioner's request for revocation of registration. The department is directed to consider the petitioner's application subject to them depositing all dues and complying with formalities.

Facts

The petitioner's GST registration was cancelled. The petitioner is willing to pay all outstanding dues including tax, interest, late fee, and penalty to have their registration reinstated.

Key Issues

Whether the delay in seeking revocation of GST registration should be condoned and if the petitioner is willing to clear 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.29389 of 2024 M/s. Nisanta Automobile Private Limited, Kumbharpada …. Petitioner Represented by Adv.- Mr. A.S. Mohanty, Advocate -versus- Commissioner, CT and GST, Odisha and another …. Opposite Parties Represented by Adv.- Mr. S. Das, Advocate (Addl. Standing Counsel for O.P. nos.1 and 2) 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 12th March, 2024 followed by order dated 15th April, 2024 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 Order

The judgment continues below.

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