Case Details: Siddhi Vinayak Process Versus Assistant Commissioner of State Tax (2025) 27 Centax 277 (Ori.)
Judiciary and Counsel Details
- Arindam Sinha & M.S. Sahoo, JJ.
- Shri L.N. Sahoo, Adv. for the Petitioner.
- Shri S. Das, Adv. for the Respondent.
Facts of the Case
The petitioner, a registered taxpayer under the Odisha Goods and Services Tax Act, 2017 (OGST Act), faced cancellation of its GST registration following the issuance of a show cause notice and subsequent cancellation order. The petitioner later applied for revocation of the cancellation; however, the application was filed beyond the prescribed time limit. Seeking relief, the petitioner approached the Hon’ble High Court, contending that the delay should be condoned, as the petitioner was willing to deposit all outstanding dues, including tax, interest, penalty, and late fees, to restore compliance. The petitioner relied on the precedent set in Mohanty Enterprises v. Commissioner, CT & GST, Odisha, arguing that a similar condonation of delay should be granted in the interest of justice.
High Court Held
The Hon’ble High Court held that the delay in filing the revocation application should be condoned, subject to the petitioner depositing all outstanding taxes, interest, penalty, late fees, and fulfilling the requisite compliance formalities. The Court, relying on Mohanty Enterprises, directed that upon compliance, the petitioner’s application for revocation of cancellation should be considered in accordance with law. The writ petition was accordingly disposed of.
List of Cases Cited
- Mohanty Enterprises v. Commissioner, CT & GST — [W.P. (C) No. 30374 of 2022, dated 16-11-2022] — Followed [Para 3]
