March vs State Tax Officer

Citation : 2026 Latest Caselaw 1753 UK
Judgement Date : 10 March, 2026

[Cites 0, Cited by 0]

Uttarakhand High Court

March vs State Tax Officer on 10 March, 2026

                                                       2026:UHC:1505-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.143 of 2026
                            10 March, 2026


   M/s Saini Trader                                        --Petitioner

                                  Versus

   State Tax Officer                                  ----Respondent
   ----------------------------------------------------------------------
   Presence:-
   Mr. B.D. Pande, learned counsel holding brief of Mr. Kaushal
   Pandey, 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 28.12.2024 cancelling the GST registration of the petitioner firm on the ground that it has 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 1 2026:UHC:1505-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: 10.03.2026 SS Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF SUKHBANT SINGH UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d49b1885 e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42261361AE D33172F152148D, cn=SUKHBANT SINGH Date: 2026.03.10 17:07:06 +05'30' 2