MS SUBHASH GSTIN v. COMMISSIONER STATE GOODS AND SERVICES TAX XOMMISSIONER
WPMB/83/2026 · 2026-02-12
Shri Manoj Kumar Gupta, Subhash Upadhyay
body2026
DailyLaw.ai
[ 2026 DAILYLAW 164 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 164 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:859-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (M/B) No.83 of 2026 12 February, 2026
M/s Subhash GSTIN (05EPLPS098F2ZL) ----Petitioner
Versus
Commissioner, State Goods and Services Tax Commissioner, Dehradun & Another
----Respondents
-------------------------------------------------------------- Presence:- Mr. Pranav Singh, learned counsel for the petitioner Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand through V.C.
JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.)
1.
The petitioner has assailed the order dated 06.03.2025 cancelling the GST registration of the petitioner firm on the ground that it had failed to file the returns within prescribed period.
2.
Learned counsel for the petitioner submits that in identical facts and circumstances in WPMB No.39 of 2025 a Co-ordinate Bench has permitted the petitioner therein to file application for revocation of the cancellation order and subject to deposit of unpaid tax along with interest and penalty, the competent authority has been directed to decide the application for revocation of the cancellation order. The operative part
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2026:UHC:859-DB
of the order passed in the said writ petition is as follows:
“8. Accordingly, present writ petition is disposed of by permitting petitioner to move an application for revocation of the cancellation order. If he makes such application within two weeks from today and also furnishes all the pending returns and deposits unpaid tax along with interest and amount of penalty, the Competent Authority shall consider the petitioner’s prayer for revocation as per law within four weeks from the date of receipt of such application.”
3.
It is urged that similar liberty may be granted to the petitioner.
4.
Ms. Puja Banga, learned Brief Holder for the State of Uttarakhand appearing through V.C. has no objection in case the present writ petition is disposed of in the same terms.
5.
Accordingly, the writ petition is disposed of in the same terms as WPMB No.39 of 2025.
6.
Pending application, if any, also stands
disposed of.
(MANOJ KUMAR GUPTA, C. J.)
(SUBHASH UPADHYAY, J.) Dated: 12.02.2026 SS
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