Pankaj Mittal vs. Commissioner Of Central Goods And Service Tax (CGST), Delhi North

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W.P.(C)/15301/2024HC DelhiGSTCNR DLHC01075377202429 October 2024Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA2 pages
For Petitioner: Mr. Bhwesh Bhola, Mr. Udit Bakshi & Ms. Urvashi Dhiman, AdvsFor Respondent: Mr. Aakarsh Srivastava, SC with Mr. Anand Pandey, Adv
AI SummaryRemanded

Facts

The petitioner, Pankaj Mittal, had approached the Delhi High Court seeking a direction for the examination of an application for cancellation of his Goods and Services Tax registration. The respondent, Commissioner of Central Goods and Service Tax (CGST), Delhi North, has since issued a Show Cause Notice on December 11, 2024, requesting further documentation. A personal hearing has been scheduled for April 19, 2025. The Court was informed of these developments.

Held

The Court noted that pursuant to its earlier directions for the examination of the petitioner's application for cancellation of GST registration, the respondent had issued a Show Cause Notice on December 11, 2024, seeking further documentation. A personal hearing has also been scheduled for April 19, 2025. In light of these actions, the Court disposed of the application with a direction that the respondent shall ensure the proceedings are concluded with due expedition and in accordance with the directions previously issued by the Court. The Court did not express any opinion on the merits of the cancellation application itself, focusing on procedural expedition.

Key Issues

1. Whether the respondent authority has acted with due diligence in examining the petitioner's application for cancellation of GST registration, considering the timeline of events? Petitioner's Contention: The petitioner sought the Court's intervention to ensure their application for GST registration cancellation is examined. The subsequent issuance of a Show Cause Notice and the fixing of a hearing date indicate the respondent is now processing the application. Respondent's Contention: The respondent has issued a Show Cause Notice on December 11, 2024, requiring further documentation and has scheduled a personal hearing for April 19, 2025, demonstrating progress in the examination of the petitioner's application.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15301/2024 PANKAJ MITTAL .....Petitioner Through: Mr. Bhwesh Bhola, Mr. Udit Bakshi & Ms. Urvashi Dhiman, Advs. versus COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX (CGST), DELHI NORTH .....Respondent Through: Mr. Aakarsh Srivastava, SC with Mr. Anand Pandey, Adv. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R %

16.12.

2024 CM APPL. 73556/2024 (Ex.) Allowed, subject to all just exceptions. The application stands disposed of. CM APPL. 73555/2024 (Compliance Of O. D. 29-10-2024

1.

We are informed that pursuant to the directions issued by this Court for the application seeking cancellation of Goods and Services Tax registration being examined, the respondent is stated to have issued a Show Cause Notice on 11 December 2024 requiring further documentation.

2.

We have also been orally apprised of a date for personal hearing being fixed on 19 April 2025. 3. In view of the aforesaid, we dispose of this application by This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 13:08:51

providing that the respondent shall ensure that the proceedings are concluded with due expedition and in accordance with the direction already issued.

YASHWANT VARMA, J.

DHARMESH SHARMA, J. DECEMBER 16, 2024 Ch

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 13:08:51

Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.