M/S GEETANJALI STONE CRUSHER, DHENKANAL v. THE COMMISSIONER CT AND GST , ODISHA
WP(C)/1386/2025 · 2025-02-04
Arindam Sinha Acj, M S Sahoo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 65892 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65892 (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.1386 of 2025
M/s. Geetanjali Stone Crusher, Dhenkanal …. Petitioner
Represented By Adv. –
Mr. A. Mohanty, Advocate
-versus-
The Commissioner, CT & GST, Odisha and others …. Opp. Parties
Represented By Adv. Mr. D. Das, Additional Standing Counsel (for O.P. Nos.1,2, 4 and 5)
Mr. A. Kedia, Junior Standing Counsel (for O.P. Nos.3 and 6)
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA, ACTING CHIEF JUSTICE
AND THE HON'BLE MR. JUSTICE M.S. SAHOO
Order No.
ORDER 04.02.2025
01.
1. Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, under challenge is show cause notice dated 14th January, 2023 followed by order dated 30th August, 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 State revenue and Mr. Kedia, learned advocate, Junior Standing Counsel, for Central 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
Gs/Radha