M/S. Biswajeet Ojha, Dhenkanal vs. Superintendent, CT And GST, Central GST, Dhenkanal Circle

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WP(C)/26950/2024HC OrissaGSTCNR ODHC01071527202411 November 2024Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE M.S.SAHOO3 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. 26950 of 2024 M/s. Biswajeet Ojha …. Petitioner Represented By Adv. – Ms. I. Tripathy, Advocate -versus- Superintendent, CT & GST, Central GSTD, Dhenkanal Circle, Dhenkanal Range …. Opposite Party Represented By Adv. – Mr. S.K.Roy Choudhury, Advocate (Sr. Standing Counsel) CORAM: THE HON'BLE MR. JUSTICE ARINDAM SINHA AND THE HON'BLE MR. JUSTICE M.S. SAHOO Order No. 01.

ORDER 11.11.2024

1.

Miss Tripathy, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 11th October, 2023 followed by order date 12th December, 2023 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

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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). She submit, her client’s claim to relief including payer for condonation of delay is covered by said order.

2.

Mr. Das, learned advocate, Additional 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 Petitioners 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.

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4.

The writ petition is accordingly disposed of.

(Arindam Sinha)

Judge

(M.S. Sahoo)

Judge dutta

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.