Adhvik Polychem vs. Assistant Commissioner Gsto Ward 58

W.P.(C)/13175/2026HC DelhiGSTCNR DLHC01042711202609 September 2026Bench: HON'BLE MR. JUSTICE ANIL KSHETARPAL,HON'BLE MR. JUSTICE SHAIL JAIN4 pages
For Petitioner: Mr. Harpreet Singh, Mr. Suresh Chaudhary, Mr. Jatin Gaur, Mr. Utkarsh Kumar, Mr. Adarsh Mishra, AdvsFor Respondent: Mr. Sumit K. Batra, Ms. Priyanka Jindal, Advs
AI SummaryDismissed

Held

The High Court declined to entertain the writ petition, noting the availability of an alternative remedy under Section 107 of the CGST Act. It held that while writ jurisdiction is not ousted by an alternative remedy, it is a relevant consideration, particularly when adjudication requires examination of disputed questions of fact.

Facts

The petitioner sought to quash an order rejecting its application for cancellation of GST Registration. The rejection was based on allegations of using fake documents, furnishing a wrong address, being a non-existent firm, availing excess Input Tax Credit (ITC) from non-existent firms, and failing to respond to various notices. The respondent argued that the case involved disputed facts requiring examination by an appellate authority.

Key Issues

Whether a writ petition challenging the rejection of a GST registration cancellation application should be entertained when an alternative remedy of appeal under Section 107 of the CGST Act is available, especially when the case involves disputed questions of fact.

Sections Cited

Section 107, Section 74

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~140 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010427112026 + W.P.(C) 13175/2026 and CM APPL. 61275/2026 ADHVIK POLYCHEM .....Petitioner Through: Mr. Harpreet Singh, Mr. Suresh Chaudhary, Mr. Jatin Gaur, Mr. Utkarsh Kumar, Mr. Adarsh Mishra, Advs. versus ASSISTANT COMMISSIONER GSTO WARD 58 .....Respondent Through: Mr. Sumit K. Batra, Ms. Priyanka Jindal, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

O R D E R %

09.09.

2026

1.

Through the present Writ Petition, the Petitioner prays for issuance of a writ in the nature of mandamus to quash the order dated 09.06.2026 [hereinafter referred to as „Impugned Order‟], whereby the application filed by the Petitioner for cancellation of its Goods and Services Tax („GST‟) Registration was rejected.

2.

At the outset, it is noted that the Impugned Order is appealable under Section 107 of the Central Goods and Services Tax Act, 2017 [hereinafter referred to as „CGST Act‟].

3.

Learned counsel representing the Petitioner does not dispute the availability of the aforesaid alternative remedy. However, he submits t

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