Citation : 2026 Latest Caselaw 2453 UK
Judgement Date : 27 March, 2026
2026:UHC:2183-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. 186 OF 2026
27TH MARCH, 2026
M/s A & M Constructions ...... Petitioner
Versus
Commissioner, Central Goods
and Services Tax & another ...... Respondents
Counsel for the petitioner : Mr. Prince Chauhan, learned counsel
through video conferencing
Counsel for the respondents : Mr. Shobhit Saharia, learned counsel
The Court made the following:
JUDGMENT:
(per Sri Manoj Kumar Gupta, C.J.)
1) The petitioner has assailed the order dated
27.05.2023 cancelling the GST registration of the
petitioner firm on the ground that it had failed to file the
returns within prescribed period.
2026:UHC:2183-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) Mr. Shobhit Saharia, learned counsel for the
respondents has no objection in case the present writ
petition is disposed of in the same terms.
2026:UHC:2183-DB
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.
TH
Dt: 27 MARCH, 2026
Negi
HIMANS
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5
HU NEGI 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.03.27 18:23:24 +05'30'
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