Calcutta High Court
For assesseeRemanded
Case-law directory
Every ruling, in plain sight.
Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
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Search and filter tax rulings from the Supreme Court, the High Courts, the GST Appellate Tribunal and the advance-ruling authorities.
31 rulings found
Calcutta High Court
Where registration was cancelled due to non-updation of bank details following separation from joint account, and no fraud or evasion was alleged, such lapse was curable by furnishing correct particulars, thus one opportunity to prove bona fide was warranted and cancellation was quashed subject to compliance, pending returns and dues being filed for restoration of registration
Gujarat High Court
Where tax authority cancelled registration of assessee-firm retrospectively citing fraud or suppression but failed to consider request for more time to submit key documents, and passed order without deciding on such request or examining supporting evidence, such cancellation violated principles of natural justice and was set aside. GST: Where petitioners' registration cancellation was followed by revocation proceedings requiring immediate payment via DRC-03 and rejection relied on purchases from dealers whose registration was cancelled suo motu without prior notice to petitioners, imposition of payment and reliance on uncommunicated grounds amounted to jurisdictional overreach, rendering rejection order unsustainable and liable to be quashed. GST: Where registration was cancelled and revocation was rejected, but appellate authority introduced new grounds beyond original show cause notice, and opportunity to submit documents was denied at cancellation stage, such orders were quashed as non-application of mind and prejudicial amalgamation of issues warranted setting aside of cancellation and appeal with liberty to initiate fresh proceedings with due process
Gauhati High Court
Where GST registration of transport service provider was cancelled for continuous non-filing of returns and period for seeking revocation had expired, cancellation order was to be set aside and registration was to be restored subject to filing all pending returns within 30 days and petitioner remained liable for tax, interest, penalty and late fees
Gauhati High Court
Where registration of petitioner engaged in works contract services was cancelled due to non-filing of returns for six months during 2023-25 amid acute financial hardship, cancellation was set aside restoring registration, subject to filing all pending returns within 30 days, with liability for applicable tax, penalty, interest and late fees maintained from date of order
Gauhati High Court
Where petitioner's registration was cancelled due to non-filing of returns and appeal for restoration was dismissed as time barred, writ relief was allowed by setting aside cancellation on condition that all pending returns be filed within 30 days with requisite payments, and limitation for demand under Sections 73(10)/74(10) to run from date of present order except for period governed by Section 44
Calcutta High Court
Where registration was cancelled due to six-month default in filing returns with no allegation of tax evasion and petitioner undertook to file pending returns and pay dues, such suspension or cancellation was found counterproductive to revenue, so cancellation order was set aside subject to compliance, enabling restoration of registration on fulfilment of all filing and payment requirements
Gauhati High Court
Where petitioner’s GST registration was cancelled for non-filing of returns and failure to respond to notice, restoration of registration was to be allowed as subject to petitioners filing all pending returns within 30 days and remained liable for arrears comprising tax, interest, penalty and late fee
Madras High Court
Where GST registration was cancelled and petitioner sought restoration, following precedent in Tvl. Suguna Cutpiece Center v. Appellate Deputy (Madras), cancellation was set aside and registration was directed to be restored subject to specified compliance conditions, as controversy was fully covered by that earlier decision and required no further examination on merits
Patna High Court
Where petitioner failed to file returns for six months and SCN granting 30 days to reply simultaneously fixed personal hearing before expiry of said period, subsequent cancellation of registration was held violative of principles of natural justice as hearing was fixed merely as empty formality, and petitioner was permitted to seek revocation of cancellation
Gujarat High Court
Where petitioner challenged show cause notice and subsequent orders regarding GST registration cancellation on ground that Stat Tax Officer had cited cases using AI, which were either not in existence, or were irrelevant, upon tendering of unconditional apology by STO, impugned orders and all consequential orders were to be set aside and fresh notice was to be issued to petitioner; Authorities were directed to scrupulously follow Instruction dated 18-08-2026 for use of AI
Madras High Court
Where petitioner’s GST registration was cancelled and petitioner sought restoration upon compliance, cancellation was set aside and GST registration was directed to be restored subject to fulfillment of statutory compliance conditions as per precedent in Tvl.Suguna Cutpiece Center v. Appellate Deputy Commissioner (ST)
Uttarakhand High Court
Where assessee's GST registration was cancelled, appeal was dismissed only on limitation grounds and assessee expressed readiness to file all pending returns and pay entire tax, interest and penalty, liberty to apply for revocation was permitted with direction that authority consider revocation application per statutory scheme after compliance by assessee
Madras High Court
Where petitioner challenged cancellation of GST registration and both sides agreed issue was covered by Tvl. Suguna Cutpiece Center v. Appellate Deputy (Madras), cancellation was set aside and registration directed to be restored subject to petitioner filing all pending pre-cancellation returns and making related payments in cash, with ITC adjustment not permitted unless approved by department and restoration effective upon compliance
Calcutta High Court
Where registration was cancelled solely for non-filing of returns for six consecutive months and delay in seeking writ was explained, cancellation was to be set aside on condition that petitioner files all pending returns and pays due tax, interest, fine, penalty and late fees within six weeks
Patna High Court
Where registration of works contractor was cancelled for non-filing of returns without affording personal hearing and SCN for revocation lacked officer identity and mandatory DIN, such cancellation and consequent rejection order were invalid, statutory mandate of hearing was not followed, appellate orders suffered from jurisdictional error, so impugned orders were set aside and registration directed to be restored GST: Where petitioner filed updated returns and paid late fee before revocation SCN, but SCN lacked officer name, designation and DIN and did not consider earlier communications regarding illness and son’s murder, such non- application of mind and procedural illegality rendered cancellation, revocation rejection and appellate orders unsustainable and registration was directed to be restored with costs, as later circular could not cure these defects retrospectively
Madras High Court
Where petitioner’s registration was cancelled and revived later, claim for ITC on pending returns was denied as entitlement under section 16(6) is conditional upon ITC not being barred by section 16(4) on date of cancellation, and since petitioner was time-barred under section 16(4) at cancellation, subsequent claim was not permissible
Madhya Pradesh High Court
Where GST-registered textile manufacturer received multiple Form GSTR-3A notices for non-filing of GSTR-3B and all notices were uploaded on common portal with no response filed, uploading constituted valid statutory service and plea for physical service was untenable, so cancellation of registration for non-filing could not be challenged on grounds of lack of natural justice. GST: Where GST-registered textile manufacturer, after registration cancellation and receipt of statutory notices, failed to pursue available remedies for revocation or file statutory appeal within limitation or satisfy pre-deposit requirements, invocation of writ jurisdiction was impermissible as statutory remedies were not exhausted and limitation bar or pre-deposit requirement could not justify bypassing these remedies, leading to dismissal of petition
Madras High Court
Where GST registration was cancelled and petitioner sought revival citing precedent in Tvl. Suguna Cutpiece Center v. Appellate Deputy 515 (Madras), impugned cancellation order was to be set aside and writ petition was to be allowed on identical terms
Gauhati High Court
Where petitioner’s GST registration was cancelled due to alleged non-filing of returns without specifying period and revocation was later rejected solely for non-filing of a reply, absence of particulars in show- cause notice and lack of reasons in rejection order violated statutory requirements and natural justice, thus rejection was to be set aside and matter was to be remanded to notice stage for issuance of complete particulars for effective response
Bombay High Court
Where GST-registered company’s registration was cancelled for non-filing of GSTR-3B despite no allegation of fraud or intentional default, and petitioner undertook to pay all outstanding GST with interest, late fee and penalty, registration was to be restored upon such payment, failing which petition would stand dismissed