GODWIN HOSPITALITY PRIVATE LIMITED v. ASSISTANT COMMISSIONER
WPMB/851/2025 · 2025-10-08
G Narendar, Subhash Upadhyay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12088 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12088 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8887-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY Writ Petition (M/B) No.851 of 2025 8th October, 2025
Godwin Hospitality Private Limited
----Petitioner
versus
Assistant Commissioner State Goods & Services Tax
----Respondent
------------------------------------------------------------------- Presence:- Mr. Rohit Arora, learned counsel for the petitioner Ms. Puja Banga, learned Brief Holder for the State/respondent through V.C. -------------------------------------------------------------------
JUDGMENT: (per Sri G. Narendar, C.J.)
1.
Learned counsel for the parties submit that the instant writ petition could be disposed of in terms of the judgment/order dated 24.02.2025 passed by a Coordinate Bench of this Court in Writ Petition (S/B) No.39 of 2025 (Annexure-4). Order dated 24.02.2025 is as follows :-
“Ms. Prabha Naithani, learned counsel for the petitioner.
2. Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand through video conferencing.
3. Petitioner is a taxable person, registered under GST Act, 2017. His GST registration has been cancelled by Assistant Commissioner, Haridwar- Sector 3 vide order dated 12.03.2024. Challenging 1
2025:UHC:8887-DB
the cancellation order, petitioner has filed this Writ Petition.
4. The show cause notice issued to the petitioner on 23.02.2024 reveals that cancellation has been ordered on account of petitioner’s failure to furnish GST returns for prescribed period.
5. Learned counsel for the petitioner relied upon a
judgment rendered by learned Single Judge in Writ Petition (M/S) No. 3283 of 2024, whereby, petitioner in that case was permitted to make application for revocation of the cancellation
order and the Competent Authority was directed to consider the application and pass appropriate order as per law, within four weeks thereafter.
6. Learned counsel for the petitioner submits that a similar order be passed in the present case also.
7. Ms. Puja Banga, learned Brief Holder submits that she has no objection if petitioner is permitted to move appropriate application for revocation of cancellation
order.
8. Accordingly, present writ petition is disposed of by permitting petitioner to move an application for revocation of the cancellation order. If he makes such application within two weeks from today and also furnishes all the pending returns and deposits unpaid tax along with interest and amount of penalty, the Competent Authority shall consider the petitioner’s prayer for revocation as per law within four weeks from the date of receipt of such application.”
2.
The submission of both the counsels is placed on record.
3.
The instant writ petition is disposed of in terms of relief granted in Paragraph No.8 of the 2
2025:UHC:8887-DB
judgment dated 24.02.2025, rendered in Writ Petition (S/B) No.39 of 2025.
4.
The writ petition stands ordered accordingly.
5.
There shall be no order as to costs.
6.
As a sequel thereto, pending application, if any, shall stand closed.
(G. NARENDAR, C.J.)
(SUBHASH UPADHYAY, J.) Dated: 08.10.2025 R/SS 3