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2026 DAILYLAW 7270 (UTT)

DHARAMPAL LAKHANI v. COMMISSIONER CENTRAL GOODS AND SERVICES TAX COMMISSIONERATE

WPMB/503/2026 · 2026-06-19

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010104802026 2026:UHC:5086-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY WRIT PETITION (M/B) NO. 503 OF 2026 19TH JUNE, 2026 Dharampal Lakhani …… Petitioner Versus Commissioner, Central Goods & Services Tax and another …… Respondents Counsel for the petitioner : Mr. Tarun Pande, learned counsel through video conferencing Counsel for the respondents : Ms. Riddhi Joshi, learned Counsel holding brief of Mr. Shobhit Saharia, learned counsel for the respondents / CGST The Court made the following: JUDGMENT: (per Sri Manoj Kumar Gupta, C.J.) 1) The petitioner has assailed the order dated 14.06.2025 cancelling the GST registration of the petitioner firm on the ground that it had failed to file the returns within prescribed period. 1 UKHC010104802026 2026:UHC:5086-DB 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 of the order passed in 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. Riddhi Joshi, learned counsel holding brief of Mr. Shobhit Saharia, learned counsel appearing for the 2 UKHC010104802026 2026:UHC:5086-DB respondents / CGST 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(s), if any, also stand disposed of. _______________________ MANOJ KUMAR GUPTA, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 19TH JUNE, 2026 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf11 6e73351fdaf6878326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51A 722A6BC552D470EB4FD2F88DDF7C18DB2A 1524A4D, cn=HIMANSHU NEGI Date: 2026.06.19 16:58:12 +05'30'