M/S Kumarmunda Large Sized Multipurpose Co-Op. Society LTD., Sundargarh vs. Commissioner, CGST And Central Excise And Customs, Bbsr

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WP(C)/2704/2024HC OrissaGSTCNR ODHC01008520202406 February 2024Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN2 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.2704 of 2024 M/s. Kumarmunda Large sized Multipurpose Cooperative Society Limited ….. Petitioner Mr. Santosh Kumar Mishra, Adv. Vs. Commissioner, CGST & Central Excise & Customs, Bhubaneswar & others ….. Opposite Parties Mr. Tushar Kanti Satapathy, Sr. Standing Counsel of GST, CX & Customs CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 06.02.2024

Order No.

01.

This matter is taken up through hybrid mode.

2.

Mr. Tushar Kanti Satapathy, learned Senior Standing Counsel of GST, CX & Customs appearing on an advance notice states that as long as delay in filing the revocation application is condoned, and provided the Petitioner complies with all the requirements of paying the taxes, interest, late fee, penalty etc. due, the 3B Return Form filed by the Petitioner will be accepted by the Opposite Parties.

3.

In that view of the matter, the delay in Petitioner’s invoking the proviso to Rule 23 of the Central Goods and Services Tax Rules (CGST Rules) is condoned and it is directed that subject to the Petitioner 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.

4.

A copy of this order will be produced by the Petitioner before the proper officer, and subject to the Petitioner complying with the above conditions, the proper officer will open the portal to enable the Petitioner to file the GST return.

5.

The writ petition is disposed of in the above terms.

MRS (DR. B.R. SARANGI)

ACTING CHIEF JUSTICE

(M.S. RAMAN)

JUDGE

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.