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2025 DAILYLAW 13689 (UTT)

M/S ONESHWAR CONSTRUCTION v. STATE TAX OFFIER RISHIKESH

WPMS/3637/2024 · 2025-01-02

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 2ND JANUARY, 2025 WRIT PETITION NO. 3637 of 2024 (M/S) M/s Oneshwar Construction … Petitioner Versus State Tax Officer and Another … Respondents Counsel for the Petitioner : Mr. Sagar Kothari, Advocate. Counsel for the Respondents : Mr. Suyash Pant, Standing Counsel. Hon’ble Alok Kumar Verma,J. The present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:- “(I) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 5-2-2024 passed by respondent no. 1 (Annexure No. 3 to this writ petition). (II) Issue a writ, order or direction in the nature of mandamus, commanding/directing the respondents to revive the GST registration certificate of the petitioner bearing GSTIN No. 05AAEFO1975E1ZE. 2025:UHC:8 2 (III) Pass such other or further orders in favour of petitioner, which this Hon'ble Court may deem, fit and proper in the facts and circumstances of the case. (IV) Award the cost of writ petition in favour of petitioner” 2. Heard Mr. Sagar Kothari, learned counsel for the petitioner and Mr. Suyash Pant, learned Standing Counsel for the respondents. 3. Mr. Sagar Kothari, learned counsel for the petitioner has informed on instructions that the petitioner is willing to deposit all the outstanding dues of tax including interest and penalty, if any, and for the said purpose, the petitioner shall move an application before the State Tax Officer, Rishikesh, Sector-1, Goods and Services Tax within a week from today. 4. Mr. Suyash Pant, learned Standing Counsel has requested one week’s time from the date of submission of the application to decide the same. 5. With the consent of learned counsel for both the parties, the present writ petition is disposed of with a direction that if the petitioner deposits entire outstanding dues of tax including interest and penalty, if any, and submits its application within one week from today, the State Tax Officer, Rishikesh, Sector-1, Goods and Services Tax shall consider the same and pass an 2025:UHC:8 3 appropriate order as per law within a period of one week from the date of production of a certified copy of this order along with the application. __________________ ALOK KUMAR VERMA, J. Date: 02.01.2025 Shiv SHIV PRASAD Digitally signed by SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8b0b97f5b563 a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE74454B24EE89 DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2025.01.02 17:42:03 +05'30'