M/B HIMALAYAN ENERGY SOLUTION v. STATE TAX OFFICER
WPMB/589/2026 · 2026-07-21
Shri Manoj Kumar Gupta, Subhash Upadhyay
body2026
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[ 2026 DAILYLAW 8352 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8352 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010126102026
2026:UHC:6132-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON’BLE THE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND HON’BLE SHRI JUSTICE SUBHASH UPADHYAY
21ST JULY, 2026
WRIT PETITION (M/B) No. 589 of 2026 1: M/b Himalayan Energy Solution --Petitioner Versus 1: State Tax Officer
--Respondent
Counsel for the petitioner. : Mr. Pankaj Tiwari, learned counsel. Counsel for the respondent.
: Ms. Puja Banga, learned Standing Counsel for the State of Uttarakhand.
JUDGMENT : (per Shri Manoj Kumar Gupta, C.J.)
1.
The petitioner has assailed the
order dated 06.11.2024, cancelling the GST registration of the petitioner- firm, on the ground that it has failed to file the returns within the prescribed period.
2.
Learned counsel for the petitioner submits that, in identical facts and circumstances, in WPMB No. 39 of 2025, a Coordinate Bench has permitted the petitioner therein to file an 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 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 1
UKHC010126102026
2026:UHC:6132-DB
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 counsel for the respondent 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.
All pending applications stand
disposed of accordingly.
______________________ MANOJ KUMAR GUPTA, C.J.
___________________ SUBHASH UPADHYAY, J.
Dt: 21st July, 2026 Rahul 2
RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1AAD7B39857D2540AE 4C28A4898, cn=RAHUL PRAJAPATI Date: 2026.07.21 17:34:22 +05'30'