M/S. Sasmita Singh, Bbsr vs. Addl. CT And GST Officer, Bbsr Iii

WP(C)/39273/2023HC OrissaGSTCNR ODHC01096525202307 December 2023Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN2 pages
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Held

The Court condoned the delay in filing the revocation application. It directed that the petitioner's GST return would be accepted upon payment of all dues and compliance with formalities.

Facts

The petitioner sought to file a revocation application for their GST registration. The delay in filing this application was the primary concern.

Key Issues

Whether the delay in filing the revocation application under the GST Rules should be condoned. Whether the GST return should be accepted after condonation of delay and payment of dues.

Sections Cited

Rule 23

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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.39273 of 2023 M/s. Sasmita Singh ….. Petitioner Ms. I. Tripathy, Advocate Vs. Additional CT & GST Officer, Bhubaneswar-III Circle, Bhubaneswar & Another ….. Opposite Parties Mr. Sunil Mishra, Standing Counsel for CT & GST Department CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 07.12.2023

Order No.

01.

This matter is taken up through hybrid mode.

2.

Mr. Sunil Mishra, learned Standing Counsel (CT & GST) 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 Odisha Goods and Services Tax Rules (OGST Rules) is condoned and it is directed that subject to the Petitioner depositing all the taxes, interest, late fee, penalty etc. due an

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