Soumen Chakraborty vs. Supdt., Bbsr Iii Circle

WP(C)/39744/2023HC OrissaGSTCNR ODHC01097808202306 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 and directed that the application be considered upon the petitioner depositing all taxes, interest, late fees, and penalties. The portal will be opened for filing the return upon compliance.

Facts

The petitioner sought to file a revocation application for a GST return after a delay. The Opposite Parties stated they would accept the return if the delay was condoned and all dues were paid.

Key Issues

Whether the delay in filing the revocation application for a GST return should be condoned, and under what conditions the return can be accepted.

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 W.P.(C) No.39744 of 2023 Soumen Chakraborty ….. Petitioner Mr. Ajit Kumar Roy, Advocate Vs. Superintendent, Bhubaneswar- III Circle, CGST & Central Excise & another ….. Opposite Parties Mr. Avinash Kedia, Jr. Standing Counsel (CGST, Central Excise & Customs) CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 06.12.2023

Order No.

01.

This matter is taken up through hybrid mode.

2.

Mr. Avinash Kedia, Jr. Standing Counsel (CGST, Central Excise & 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 Odisha Goods and Services Tax Rules (OGST Rules) is condoned and it is directed that subject to the Petit

The judgment continues below.

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