The Commissioner vs. The Commissioner Of GST And Central Excise

The petitioner was issued with a show cause notice, dated 30.03.2019 for cancellation of GST Registration. However, the portion of the said order is reproduced below:

While exercising juri iction, under Article 226 of the Constitution, the powers of the Court to do justice i.e., what is good for the society, can neither be restricted nor curtailed. This power under Article 226 can be exercised to effectuate the rule of law.

In the light of the above discussion, these Writ Petitions are allowed subject to the following conditions:- i. The petitioners are directed to file their returns for the period prior to the cancellation of registration, if such returns have not been already filed, together with tax defaulted which has not been paid prior to cancellation along with interest for such belated payment of tax and fine and fee fixed for belated filing of returns for the defaulted period under the provisions of the Act, within a period of forty five (45) days from the date of receipt of a copy of this order, if it has not been already paid. ii. It is made clear that such payment of Tax, Interest, fine / fee and etc. shall not be allowed to be made or adjusted from and out of any Input Tax Credit which may be lying unutilized or unclaimed in the hands of these petitioners. iii. If any Input Tax Credit has remained utilized, itshall not be utilised until it is scrutinized and approved by an appropriate or a competent officer of the Department. 2/4 https://hcservices.ecourts.gov.in/hcservices/ iv. Only such approved Input Tax Credit shall be allowed for being utilized thereafter for discharging future tax liability under the Act and Rule. v. The petitioners shall also pay GST and file the returns for the period subsequent to the cancellation of the registration by declaring the correct value of supplies and payment of GST shall also be in cash. vi. If any Input Tax Credit was earned, it shall be allowed to be utilised only after scrutinising and approving by the respondents or any other competent authority. vii.The respondents may also impose such restrictions / limitation on petitioners as may be warranted to ensure that there is no undue passing of Input Tax Credit pending such exercise and to ensure that there is no violation or an attempt to do bill trading by taking advantage of this order. viii.On payment of tax, penalty and uploading of returns, the registration shall stand revived forthwith. ix. The respondents shall take suitable steps by instructing GST Network, New Delhi to mak suitable changes in the architecture of the GST Web portal to allow these petitioners to file their returns and to pay the tax/penalty/fine. x. The above exercise shall be carried out by the respondents within a period of thirty (30) days from the date of receipt of a copy of this order. xi. No cost. xii.Consequently, connected Miscellaneous Petitions are closed.

Considering the same, I am inclined to allow this writ petition by directing the respondents to restore the Goods and Service Tax Registration subject to the petitioner paying the arrears of tax if any. No cost. Consequently, the connected Miscellaneous Petitions are closed. Assistant Registrar (CS-III) //// / /2022 Sub Assistant Registrar(CS) 3/4 https://hcservices.ecourts.gov.in/hcservices/ sn To 1.The Commissioner of GST & Central Excise, Office of the Commissioner of GST & Central Excise (Appeals), Coimbatore Circuit Office, Madurai. 4,Lal Bahadur Shashtri Marg, C.R.Buildings, Madurai-625 002. 2.The Superintendent of CGST & Central Excise, Palani-II Range, Dindigul – II Division, Dindigul District. +1 CC to M/s.K.PRABHU, Advocate ( SR-11114[F] dated 10/03/2022 ) +1 CC to M/s.M.KANNAN, Advocate ( SR-11131[F] dated 10/03/2022 )