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Delhi High Court - Orders

M/S On Cloud Software Consultants Pvt. ... vs Pr. Commissioner, Cgst Delhi, South on 20 November, 2024

Author: Yashwant Varma

Bench: Yashwant Varma, Dharmesh Sharma

                             $~37
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         W.P.(C) 6627/2024
                                       M/S ON CLOUD SOFTWARE CONSULTANTS PVT. LTD.
                                                                                .....Petitioner
                                                     Through: Ms. Priyanka Goel, Adv.

                                                                            versus

                                       PR. COMMISSIONER, CGST DELHI, SOUTH
                                                                                                                   .....Respondent
                                                                            Through:                 Mr. Atul Tripathi, SSC for
                                                                                                     CBIC along with Mr. V.K.
                                                                                                     Attri, Adv.
                                       CORAM:
                                       HON'BLE MR. JUSTICE YASHWANT VARMA
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA
                                                                            ORDER

% 20.11.2024

1. The writ petitioner is aggrieved by the orders passed by the respondents rejecting its application for registration under the Central Goods and Services Act, 2017 ['Act']. The application preferred had come to be rejected by way of an Order-in-Original dated 18 June 2023. The aforesaid order has thereafter been affirmed by the Appellate Authority in terms of its order of 12 March 2024.

2. As is evident from a reading of the order penned by the Appellate Authority, the petitioner had failed to furnish the documentation which had been required in terms of a Show Cause Notice ['SCN'] dated 17 May 2023. It is this which appears to have weighed upon the respondents to reject the application for registration.

3. Although it is contended before us that the requisite documentation was placed on the record of the Appellate Authority, This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/11/2024 at 01:34:06 since there was an admitted failure to respond to the SCN dated 17 May 2023, we find no justification to interfere with the orders impugned.

4. Accordingly, while we find no ground to issue the prerogative writs as prayed for, we dispose of the instant writ petition by according liberty to the writ petitioner to apply for registration afresh.

5. Subject to all necessary documentation and information being provided to the respondents, the same may be examined and disposed of in accordance with law.

YASHWANT VARMA, J.

DHARMESH SHARMA, J.

NOVEMBER 20, 2024/RW This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/11/2024 at 01:34:06