MAHALAXMI PADDY AND FERTILIZERS,JAJPUR v. THE COMMISSIONER OF CT AND GST, ODISHA.
WP(C)/7127/2025 · 2025-03-17
Arindam Sinha Acj, M S Sahoo
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 21082 (ORI) · dailylaw.ai ]
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[ 2025 DAILYLAW 21082 (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.7127 of 2025
Mahalaxmi Paddy and Fertilizers …. Petitioner
Represented By Adv. – Mr. D.P. Mishra, Advocate
-versus- The Commissioner of CT and GST, Odisha and another …. Opposite Parties
Represented By Adv. –
Mr. S. Das, Addl. 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 17.03.2025
1. Mr. Mishra, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 18th September, 2021 followed by order dated 7th February, 2022 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