Birabar Dip vs. Commnr. Of Commercial Taxes Cum GST, Odisha, Cuttack

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WP(C)/23046/2022HC OrissaGSTCNR ODHC01059286202220 February 2023Bench: DR. JUSTICE S. MURALIDHAR (CJ),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.23046 of 2022 Sri Birabar Dip …. Petitioner Mr. S.K. Dash, Advocate and associates -versus- Commissioner of Commercial Taxes- cum-Goods and Service Tax, Odisha and others …. Opposite Parties Mr. S.K. Pradhan, A.S.C. CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN Order No.

ORDER 20.02.2023

02.1.

Mr. S.K. Pradhan, learned Additional 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.

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 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.

3.

Certified 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 office will open the portal to enable the Petitioner to file the GST return.

4.

The writ petition is disposed of in the above terms.

5.

An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S.K. Guin

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.