M/S SURENDRA SINGH CONTRACTOR PAURI GARHWAL v. COMMISSIONER CENTRAL GOODS AND SERVICES TAX
WPMB/147/2025 · 2025-04-09
Alok Kumar Verma, Alok Mahra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4936 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4936 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE JUSTICE SHRI ALOK KUMAR VERMA AND HON’BLE JUSTICE SHRI ALOK MAHRA
9TH APRIL, 2025
WRIT PETITON (M/B) NO.147 OF 2025
M/s Surendra Singh Contractor …… Petitioner Vs. Commissioner, Central Goods and Services Tax & Another
……Respondents
Counsel for the Petitioner. : Mr. Tarun Pandey,
Advocate. Counsel for the Respondent : Mr. Shobhit Saharia, Nos. 1 & 2. Advocate. Upon hearing the learned counsel for the parties, this Court made the following judgment:
(Per : Shri 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 suitable writ, order or direction in the nature of certiorari calling the record of the case and quash the cancellation of GST Registration order dated 13/03/2024 (Annexure No. 3 to W.P) as petitioner is ready to pay all the balance tax, interest on it and late fee if any. 2
ii) Issue a suitable writ, order or direction in the nature of mandamus permitting the petitioner to prefer an application U/S 30 of the UKGST/CGST Act 2017, for filing an application for revocation of the cancellation of the GSTIN 05CNFPS9594H3Z8 of the Petitioner and further direct the Respondent No. 2 to consider the application of the Petitioner in accordance with law. iii) Issue any other writ order or direction which this Hon'ble court deem fit and proper, in the circumstances of the present case. iv) Award the cost to the petitioner throughout.”
2. Heard Mr. Tarun Pande, learned counsel for the petitioner and Mr. Shobhit Saharia, learned counsel for the respondents. 3. Mr. Tarun Pande, learned counsel for the petitioner, submitted that the petitioner is ready to deposit all the outstanding dues of tax including interest and penalty, if any, and the petitioner shall move an application before the Competent Authority within two weeks from today for reversal of the cancellation of the GST registration. 4. Mr. Shobhit Saharia, learned counsel for the respondents has sought four weeks’ time to decide the application from the date of production of the application. 3
5.
With the consent of learned counsel for both the parties, the present writ petition is disposed of with a direction that in case the petitioner deposits outstanding dues of tax including interest and penalty, if any, and submits his application for reversal of the cancellation of GST registration within two weeks from today, the competent authority shall consider the application of the petitioner and pass an appropriate order as per law within a period of four weeks from the date of production of the certified copy of this order along with the application. 6. It is made clear that this Court has not expressed any opinion on the merit of the case. ____________________ ALOK KUMAR VERMA .J.
_____________
ALOK MAHRA, J. Dated: 09.04.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce864 0c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7A1 3C14A680C3FA90, cn=BALWANT SINGH Date: 2025.04.09 18:03:30 +05'30'