M/S. Namrata Pradhan vs Additional Ct & Gst
2023 Latest Caselaw 1896 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.P.(C) No. 5511 of 2023

            M/s. Namrata Pradhan                         ....           Petitioner
                                           Mr. Sabyasachi Panda, Advocate
                                       -versus-
            Additional CT & GST, Angul Circle,      .... Opposite Parties
            Angul and another
                              Mr. S.S. Padhy, Additional Standing Counsel

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE M.S. RAMAN

                                          ORDER

Order No. 01.03.2023

01. 1. The challenge in the present petition is to an order dated 6th June, 2022 passed by the CT & GST Officer, Angul Circle cancelling the registration of the Petitioner under the Odisha Goods and Services Tax Act, 2017 (OGST Act).

2. Mr. Sabyasachi Panda, learned counsel appearing for the Petitioner relies on the judgment of this Court in Durga Raman Patnaik v. Additional Commissioner of GST, Manu/OR/0909/ 2022 and submits that in the present case also the Petitioner will opt for filing an application for revocation of the cancellation by complying with all the other requirements of depositing all the tax, penalty and interest due as payable and other formalities as required by law. Accordingly, the following directions are issued:

i. Notwithstanding the impugned order dated 6th June, 2022 of the CT & GST Officer, Angul Circle, the Petitioner is permitted to file a petition seeking revocation of the cancellation of registration provided such application is filed not later than 3rd April 2023;

ii. Provided that the Petitioner makes payment of the tax, interest, penalty, fine, fees, etc., as may be payable, the above application will be entertained and appropriate order will be passed thereon in accordance with law within a further period of thirty (30) days;

iii. After revocation of the cancellation of the registration, the Petitioner will be permitted to file returns and for that purposes, the Opposite Parties shall take suitable steps by instructing GST Network, New Delhi or any other agency responsible for maintaining the Web Portal to make suitable changes in the architecture of the GST Web Portal to enable the Petitioner to file his returns and it is to be ensured by the Department that there shall be no technical glitch during the period specified herein. The Department would be at liberty to verify the veracity of the claim made in the returns. and take appropriate steps in accordance with law after affording reasonable opportunity of hearing to the Petitioner.

iv. The above exercise shall be completed by the Opposite Parties within a period of ninety (90) days from the date of receipt of a copy of this Judgment.

3. The writ petition is disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

(M.S. Raman) Judge S. Behera