M/S. NILAKANTHESWAR CONSTRUCTION, ANGUL v. ADDL. COMMISSIONER OF CT AND GST (APPEAL), CUTTACK
WP(C)/3997/2025 · 2025-02-24
Arindam Sinha Acj, M S Sahoo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 14575 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14575 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3997 of 2025
M/s. Nilakantheswar Construction, Angul …. Petitioner
Represented By Adv. – Mr. M.K. Mohanty, Advocate
-versus- Additional Commissioner of CT and GST (Appeal), Cuttack and another …. Opposite Parties
Represented By Adv. –
Mr. D. Das, Additional Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA, THE ACTING CHIEF JUSTICE
AND THE HON'BLE MR. JUSTICE M.S. SAHOO
Order No.
01.
ORDER 24.02.2025
1. Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 12th October, 2023 followed by order dated 29th November, 2023 cancelling his client’s registration under Central Goods and Services Tax Act, 2017. He submits, his client is ready and willing to pay the tax, interest, late fee, penalty and any other sum required to be paid for the return form of his client to be accepted by the department. He relies on order dated 16th November, 2022 of coordinate Bench in W.P.(C) no.30374
of 2022 (M/s. Mohanty Enterprises v. The Commissioner, CT & GST, Odisha, Cuttack and others). He submits, his client’s claim to relief including prayer for condonation of delay is covered by said
order.
2. Mr. Das, learned advocate, Additional Standing Counsel appears on behalf of revenue.
3. We reproduce below paragraph 2 from said order in M/s. Mohanty Enterprises (supra).
“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.”
Likewise direction is made in this writ petition. Petitioner gets the relief in the interest of revenue.
4. The writ petition is disposed of.
(Arindam Sinha)
Acting Chief Justice
(M.S. Sahoo)
Judge Sks Designation: Personal Assistant