Case Title | Shree Hari Printers vs The Commissioner, Commercial Taxes & GST and Others |
Court | Orissa High Court |
Honorable Judges | Justice Jaswant Singh and JusticeM.S.Raman |
Citation | 2022 (8) GSTPanacea 129 HC Orissa W.P.(C) No.19493 of 2022 |
Judgement Date | 11- August- 2022 |
Council for Petitioner | Mr. Rudra Prasad Kar and Asit Kumar Dash |
Council for Respondent | Mr. Susant Kumar Pradhan |
The High Court of Orissa, Cuttack bench of Justices Jaswant Singh and M.S Raman, has held that if the Petitioner files application for revocation of cancellation of registration within a period of 30 days from today, the proper officer shall consider the same in its proper perspective by condoning the delay and such consideration shall be subject to the Petitioner depositing the tax, interest, penalty and late fee from the date of default.
GSTIN Order Cancellation - FACTS OF THE CASE
Registration Certificate issued in favour of Harsal Taunk with the Trade name, Shree Hari Printers being cancelled. It is alleged by the counsel for the Petitioner that the Additional CT & GST Officer, CT & GST Circle, Angul has not afforded sufficient opportunity to furnish reply. Counsel for the Petitioner submitted that due to ill health, there was default in furnishing returns as well as payment of taxes and the Petitioner could not respond to notice. He submitted that this Court if issues direction to the Opposite Party by invoking provision of Section 30 and to revoke the order of cancellation of registration, the Petitioner would be in a position to deposit the amounts as statutorily required.
The respondent stated that Section 30 read with 23 of the Odisha Good and Services Tax Rules, 2017 (for short, “the OGST Rules”) stipulates period within which the taxable person is required to approach the proper officer. Therefore, he urges that unless the delay in approaching the proper officer for revocation of registration is condoned and compliance of statutory requirement of paying tax, interest and penalty along with late fee is made, no relief ought to be granted to the Petitioner.
The Petitioner at this juncture submitted that the Petitioner is ready and willing to discharge his liability by depositing tax, interest, penalty along with late fee as provided under Rule 23 of the OGST Rules. He also submitted that the Petitioner would file all returns for the tax periods in respect of which tax, penalty and interest are required to be deposited.
GSTIN Order Cancellation - COURT HELD
The Court looked into the provisions for revocation of cancellation of registration contained in Section 30 which stated as follows:
- Any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in the prescribed manner within thirty days from the date of service of the cancellation order. The application for revocation of cancellation of registration shall not be rejected unless the applicant has been given an opportunity of being heard.
Further, Rule 23 of the OGST Rules, 2017 states that A registered person, whose registration is cancelled by the proper officer on his own motion, may submit an application for revocation of cancellation of registration, to such proper officer, within a period of thirty days from the date of the service of the order of cancellation of registration at the common portal. No application for revocation shall be filed, if the registration has been cancelled for the failure of the registered person to furnish returns, unless such returns are furnished and any amount due as tax, in terms of such returns, has been paid along with any amount payable towards interest, penalty and late fee in respect of the said returns. All returns due for the period from the date of the order of cancellation of registration till the date of the order of revocation of cancellation of registration shall be furnished by the said person within a period of thirty days from the date of order of revocation of cancellation of registration.
From the above provision the court held that if the Petitioner files application for revocation of cancellation of registration within a period of 30 days from today, the proper officer shall consider the same in its proper perspective by condoning the delay and such consideration shall be subject to the Petitioner depositing the tax, interest, penalty and late fee from the date of default. In order to enable the Petitioner to deposit tax, interest and penalty along with late fee, the proper officer shall take steps to open the portal and also allow the Petitioner to file all its returns. Upon compliance of the above, the proper officer shall consider the application for revocation of cancellation of registration in accordance with law
GSTIN Order Cancellation - ANALYSIS OF THE JUDGEMENT
By noticing the above order we analyse that Legitimate Trade and Commerce by every supplier should be allowed to be carried on subject to payment of tax and statutory compliance. These petitioners deserve a chance and therefore should be allowed to revive their registration so that they can proceed to regularize the defaults. The authorities acting under the Act may impose penalty with the gravity of lapses committed by these petitioners by issuing notice and following the necessary compliance.
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