M/S Tapas Kumar Mohanty, Cuttack vs. Addl. Commnr. Appeals, Bbsr

WP(C)/37489/2023HC OrissaGSTCNR ODHC01092026202323 November 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. The petitioner was directed to deposit all due taxes, interest, late fees, and penalties.

Facts

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

Key Issues

Whether the delay in filing the revocation application under the OGST Rules should be condoned. Whether the petitioner should be allowed to file their GST return after compliance.

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.37489 of 2023 M/s. Tapas Kumar Mohanty ….. Petitioner Ms. I. Tripathy, Advocate Vs. Additional Commissioner (Appeals), CGST, Bhubaneswar & Another ….. Opposite Parties Mr. Avinash Kedia, Junior Standing Counsel CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN

ORDER 23.11.2023

Order No.

01.

This matter is taken up through hybrid mode.

2.

Mr. Avinash Kedia, learned Junior 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 Petitioner depositing all the taxes, interest, late fee, penalty etc. due and complyi

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