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If an Assessee deposits all taxes, interest, etc. and complies with other formalities the Proper Officer can open the GST portal to enable the Assessee to file GST returns

Bimal jain
Revocation of GST registration permitted if outstanding tax and compliance conditions are met, enabling portal access for return filing. Application for revocation of GST registration may be processed where the registrant deposits all outstanding tax, interest, late fee and penalty and complies with other formalities; once these conditions are satisfied the proper officer should enable portal access to permit filing of GST returns and further processing of the revocation request under the applicable legal framework. (AI Summary)

The Hon’ble Orrisa High Court in the case of AKSHYA KUMAR SAHU VERSUS COMMISSIONER, CGST & CENTRAL EXCISE, BHUBANESWAR AND ANOTHER - 2024 (4) TMI 512 - ORISSA HIGH COURTdisposed of the writ petition where Mr. Akshya Kumar Sahu (“the Petitioner”) sought to file an application for revocation of cancellation of registration, but could not file Form GSTR-3B due to suspension of GSTIN. Hence, aggrieved by the circumstances, the present writ petition was filed by the Petitioner.

The Hon’ble Orrisa High Court held that subject to the Petitioner depositing all the taxes, interest, late fee, penalty etc. due and complying with other formalities, the Petitioner's application for revocation will be considered in accordance with law and directed the proper officer to open the GST portal to enable the Petitioner to file the GST returns.

(Author can be reached at [email protected])

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