Fortune Impex vs. Union Of INDIA
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135 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****
CWP-27039-2026 (O&M)
Date of Decision:25.08.2026 FORTUNE IMPEX ....PETITIONER(S) VERSUS UNION OF INDIA AND ANOTHER ….RESPONDENT(S) CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Deepak Gupta, Advocate, Ms. Niharika Gupta, Advocate for the petitioner. Mr. Ajay Kalra, Senior Standing Counsel (through video conferencing) and Ms. Isha Janjua, Advocate for the respondents-CBIC. ***** ASHWANI KUMAR MISHRA, A.C.J. (Oral)
The petitioner’s GST registration has been cancelled vide order dated 17.08.2026 (Annexure P-3) with retrospective effect from 12.04.2024. Show Cause Notice (SCN) for cancellation of registration was issued to the petitioner on 09.06.2026 (Annexure P-1). The said cancellation of GST registration is challenged by way of this writ petition primarily on the ground that the SCN issued, pursuant to which impugned order was passed, does not make reference to any retrospective cancellation.
Learned counsel for the petitioner has placed reliance upon the Division Bench judgment of this Court in M/s Bansal Casting, S.K. Enterprises vs. Union of India and Another and M/s Shree Ram Industries vs. State of Haryana and Another; 2026:PHHC:027747-DB RAHUL JOSHI 2026.08.27 08:56 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD
CWP-27039-2026 (O&M)
2 to submit that in such circumstances, the impugned order cannot be sustained.
Learned counsel for the revenue does not dispute either the facts of the present case or the law laid down by the Co-ordinate Bench of this Court in M/s Bansal Casting, S.K. Enterprises (Supra).
Since, the controversy raised in the present petition is covered by the adjudication in M/s Bansal Casting, S.K. Enterprises (Supra), the impugned order dated 17.08.2026 (Annexure P-3) and SCN dated 09.06.2026 (Annexure P-1) are ordered to be quashed and the writ petition stands disposed of in terms of the law laid down in M/s Bansal Casting, S.K. Enterprises (Supra). However, liberty stands reserved to the respondents to issue a fresh SCN and proceed further in accordance with law.
Pending application, if any, stands disposed of accordingly. [ASHWANI KUMAR MISHRA] ACTING CHIEF JUSTICE [ROHIT KAPOOR]
JUDGE AUGUST 25, 2026 Rahul Joshi
Whether Speaking/reasoned Yes/No 2. Whether Reportable Yes/No RAHUL JOSHI 2026.08.27 08:56 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.