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2022 (9) TMI 1551

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..... oner restraining him from carrying on his business activities. Petition disposed of by way of remand.
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY For the Petitioner : SRI S SURI BABU Counsel For the Respondent : B NARASIMHA SARMA ORDER PER THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN Heard Mr. S. Suri Babu, learned counsel for the petitioner and Ms. Swapna Reddy, learned counsel representing Mr. B. Narsimha Sarma, learned counsel for the respondents. 2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of the following orders: (i) Order dated 29.07.2020 issued by respondent No. 1 cancelling Goods and Services Tax (GSO registration .....

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..... etitioner preferred appeal before respondent No. 2. However, by the order in appeal dated 26.08.2022, appeal of the petitioner was rejected. It has been held as under. I have gone through the submissions made by the appellant in their appeal memorandum. In the instant case, the appeal was filed seeking to set aside the Impugned order canceling registration of the appellant by the OA. From the documents submitted by the appellant, I find that the OA cancelled the registration with effect from 29.07.2020. The appellants have submitted that they have filed returns till cancellation of registration i.e., July, 2020. They submitted that they will file returns after revocation of cancellation of GST registration up to date and discharge the GST .....

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..... am of the considered view that the request of the appellant for revocation of the Cancellation of Registration does merits consideration. 7. Learned counsel for the petitioner submits that till date, no GST Tribunal has been constituted under Section 112 of the CGST Act. Therefore, question of filing appeal before such Tribunal does not arise. 8. We have perused the order dated 29.07.2020 as well as the order in appeal dated 26.08.2022. We have also considered the order passed by this Coutt on 27.06.2022 in W.P. No. 27071 of 2022 (M/S. Chenna Krishna Charyulu Karampudi v. Additional Commissioner (Appeals)). 9. Upon due consideration, we are of the view that it would be in the interest of justice to remand the matter back to respondent N .....

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