GST Registration Revocation Allowed; Portal to Reopen for Payment of Dues

By | March 12, 2025

 GST Registration Revocation Allowed; Portal to Reopen for Payment of Dues

Issue: Whether an assessee whose GST registration was cancelled should be allowed revocation and have the portal reopened for payment of outstanding dues.

Facts:

  • The assessee’s GST registration was cancelled.
  • The assessee filed a writ petition stating that all revenue dues had been paid and agreed to pay any further outstanding revenue for restoring registration.

Decision:

  • The court disposed of the writ petition by setting aside the impugned cancellation order.
  • The court directed the respondent to restore the assessee’s registration.
  • The court directed the respondent to open the portal for 45 days to enable the assessee to pay any remaining revenue dues and other dues.

Key Takeaways:

  • Revocation Upon Payment of Dues: The court allowed revocation of registration upon the assessee’s commitment to pay all outstanding dues.
  • Portal Reopening: The court directed the reopening of the portal to facilitate the assessee’s payment of dues.
  • Opportunity to Rectify Non-Compliance: This decision provides the assessee with an opportunity to rectify non-compliance and restore their registration.
  • Fairness and Equity: The court aimed to ensure fairness and equity by allowing the assessee to rectify their situation.
  • Facilitating Compliance: The decision promotes compliance by providing a clear path for assessees to restore their registration after paying dues.
  • The court is reinforcing the idea that payment of outstanding dues is the primary concern, and that registration should be restored when those dues are paid.
HIGH COURT OF CALCUTTA
Ashis Roychowdhury
v.
State of West Bengal
Rajarshi Bharadwaj, J.
WPA 30775 of 2024
FEBRUARY  6, 2025
Ms. Bulbuli Basu for the Petitioner. A. RoyMd. T. M. SiddiquiN. ChatterjeeT. Chakraborty and S. Sanyal for the Respondent.
ORDER
1. Affidavit of service filed today is kept with the record.
2. Heard Learned Counsels appearing for the parties.
3. The main issue involved in this writ petition relates to the cancellation of petitioner’s registration on the ground of non-filing of return. Petitioner submits that after the cancellation of its registration, it has paid all the revenue due and further agrees to pay any outstanding revenue for restoring its registration and relies on a judgment dated 09.04.2024 passed by the Hon’ble Chief Justice and the Hon’ble Justice Hiranmay Bhattacharyya.
4. Considering the submissions of the parties, this writ petition being WPA 30775 of 2024 is disposed of by setting aside the impugned orders of both the concerned authorities and by directing the respondent CGST/WBGST authority to restore the petitioner’s registration and open the portal for a period of 45 days from date of communication of this order by the counsel of the respondent authority to enable the petitioner to make the payment of revenue due as well as any other due including penalty to be indicated by the respondent authority concerned within a period of 15 working days. If the petitioner fails to make the payment of revenue due after indication of the amount by the GST authority, the respondent authority concerned shall be free to block the portal again and cancel the registration.
5. There shall be no order as to costs.
6. All parties shall act in terms of the copy of the order downloaded from the official website of this Court.
Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com