Jay Prakash Kumar vs. The Union Of INDIA

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CWJC/331/2023HC PatnaGSTCNR BRHC01110146202220 January 2023Bench: THE CHIEF JUSTICE -,MR. JUSTICE PARTHA SARTHY3 pages
AI SummaryRemanded

Facts

The petitioner, Jai Prakash Kumar, filed a writ petition before the Patna High Court challenging an appellate order dated December 3, 2022, passed by Respondent No. 5 (Additional Commissioner State Tax (Appeals)). This order rejected the petitioner's appeal on the grounds of limitation. The appeal was against a judgment assessment order dated September 1, 2021, passed by Respondent No. 6 (Joint Commissioner of State Tax) under Section 29 of the CGST Act, 2017, concerning the tax period of September 2021. The petitioner sought to quash these orders and direct the respondents to revoke the cancellation of his GST registration. The petitioner expressed readiness to complete formalities for restoration of his registration.

Held

The Court disposed of the writ petition with specific directions. The petitioner was directed to file an application before the competent authority for the restoration of his registration. Upon receipt of this application, the competent authority was mandated to pass appropriate orders in accordance with the law, not later than four weeks thereafter. The petitioner undertook to pay all dues and taxes within four weeks from the date of the decision on his restoration application. Crucially, the Court stipulated that the issue of limitation shall not impede the consideration of the petitioner's application on its merits. The Court did not delve into the merits of the original assessment order or the appellate order's reasoning regarding limitation, focusing instead on providing a procedural remedy.

Key Issues

1. Whether the appellate order dated December 3, 2022, rejecting the petitioner's appeal on grounds of limitation, is sustainable under the law, particularly concerning the provisions of the CGST Act, 2017, related to appeals and condonation of delay? The petitioner argued that he was willing to complete the formalities for restoration of his registration and sought a direction for the competent authority to consider his application on merits, without the issue of limitation being a bar. The respondents' arguments are not explicitly recorded in the judgment regarding the specific grounds for rejecting the appeal on limitation, but their role as the revenue authority implies upholding the order under challenge. The core issue revolves around the procedural fairness and the opportunity for the petitioner to have his case heard on merits, despite the delay.

Sections Cited

Section 29

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.331 of 2023 ====================================================== Jai Prakash Kumar S/o Jhulan Saw, R/o Village- Babhan Lai, P.O. + P.S.- Lai, District Patna .At present Jamaluddin Chowk, Near Panchayat Bhawan, P.O.- P.S. Khagaul, District- Patna. ... ... Petitioner/s Versus 1. The Union of India through the Secretary Department of Revenue, Ministry of Finance, North Block New Delhi- 110001 2. The Secretary Department of Revenue, Ministry of Finance, North Block New Delhi- 110001 3. The State of Bihar through the Commissioner cum Secretary, Commercial Tax Department, Govt. of Bihar, Patna. 4. The Commissioner cum Secretary, Commercial Tax Department, Govt. of Bihar, Patna. 5. The Additional Commissioner State Tax (Appeals), West Division, Patna. 6. The Joint Commissioner of State Tax, Danapur Jurisdiction, Patna West, Bihar. 7. The Assistant Commissioner of State Tax, Danapur Juridiction, Patna West, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sujeet Kumar Gupta, Advocate For the Respondent/s : Dr. K.N. Singh (ASG) Mr. Anshuman Singh, Sr. SC, CGST & CX Mr. Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon’ble the Chief Justice/Hon’ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 20-01-2023 Petitioner has sought for following relief (s) : - “(i) For issuance of writ of Certiorari or any other appropriate writ quashing/setting aside the appellate 2/3 order dated 03.12.2022 bearing case No. GST/DN- 39/22- 23 memo no. 2170 passed by the Respondent No.5 for the month September 2021 (Annexure 5) whereby and whereunder the appeal filed by the petitioner has been rejected on the ground of limitation. (ii) For issuing of writ of Certiorari or any other appropriate writ quashing/setting aside the judgment assessment order dated 01.09.2021 (Annexure 3) passed by the Respondent no.6 whereby and whereunder the judgment has been passed U/s 29 of the CGST Act, 2017 for the aforesaid month. (iii) For issuing a writ of Mandamus or any other appropriate writ directing the Respondents to revoke the cancellation of registration of the Petitioner (iv) For passing any such any order or orders as this Hon'ble Court deem fit and proper under the facts and circumstances of the case.” Mr. Sujeet Kumar Gupta, learned counsel for the petitioner, states that petitioner is ready and willing to complete the formalities for restoration of the registration as a dealer under Goods and Service Tax Act, 2017. Let the petitioner file such an application before the competent authority. Upon receipt thereof, the competent authority shall immediately, and not later than four weeks thereafter, pass appropriate orders in accordance with law. Petitioner undertakes to pay all dues/taxes within a period of four weeks from the date of such decision. Needless to add, the issue of limitation shall not be 3/3 allowed to come in the way of consideration on merits of such an application. Petition is disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.

KC Jha/chn (Sanjay Karol, CJ) ( Partha Sarthy, J) AFR/NAFR CAV DATE Uploading Date Transmission Date

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