Pradip Kumar Pal vs. Commissioner Of State Tax State Of Jharkhand Jharkhand Goods And Service Tax

WPC/3297/2022HC JharkhandGSTCNR JHHC01023582202226 July 2022Bench: HON'BLE MR. JUSTICE APARESH KUMAR SINGH,HON'BLE MR. JUSTICE DEEPAK ROSHAN1 pages
AI SummaryWithdrawn

Held

The Court did not delve into the merits of the challenge to the show cause notice for cancellation of registration. The primary development was the petitioner's submission that the suspension of his GST registration had been revoked by the respondents through a Form GST REG-20 issued on July 15, 2022. This revocation was in response to the show cause notice dated June 15, 2022, which was the subject of the writ petition. Given this development, the petitioner's counsel sought permission to withdraw the writ petition. The Court, in light of the petitioner's prayer and the changed circumstances, dismissed the writ petition as withdrawn. No specific finding was made on the legality of the initial show cause notice, as the matter was resolved by the subsequent revocation of suspension and withdrawal of the petition.

Facts

The petitioner, Pradip Kumar Pal, approached the High Court of Jharkhand at Ranchi challenging a Show Cause Notice for Cancellation of Registration dated June 15, 2022, issued by Respondent No. 3 (Deputy Commissioner of State Tax). The notice proposed cancellation of the petitioner's GST registration for non-compliance with specified provisions of the GST Act or Rules. The petitioner also sought a direction to reinstate his GST registration, which was suspended effective June 15, 2022. Subsequently, the petitioner's counsel informed the court that the suspension of registration had been revoked by a Form GST REG-20 issued on July 15, 2022, in reference to the impugned show cause notice. The petitioner then sought permission to withdraw the writ petition.

Key Issues

1. Whether the Show Cause Notice for Cancellation of Registration dated June 15, 2022, issued by the Deputy Commissioner of State Tax, is legally sustainable and warrants cancellation of the petitioner's GST registration. Petitioner's Contention: The petitioner challenged the show cause notice and sought reinstatement of his suspended registration. The basis of the challenge was not explicitly detailed in the provided text, but the prayer indicates a dispute over the validity of the cancellation proceedings. Respondents' Contention: The respondents issued the show cause notice for cancellation of registration, citing non-compliance with GST provisions. The respondents later issued an order revoking the suspension of registration.

Sections Cited

Rule 22(4)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(T) No. 3297 of 2022 Pradip Kumar Pal R/o Baghmara, Poraiyahat, Godda -- --- Petitioner Versus

1.

Commissioner of State Tax, State of Jharkhand, Jharkhand

Goods and Service Tax, Dhurwa, Ranchi

2.

Joint Commissioner of State Tax, Jharkhand Goods and Service Tax, Dhanbad Division, Dhanbad

3.

Deputy Commissioner of State Tax, Jharkhand Goods

And Service Tax, Godda and Dumka, Godda

4.

State Tax Officer, Jharkhand Goods and Service

Tax, Godda and Dumka, Godda

--- --- Respondents

…....

CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH

HON’BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner : Mr. Deepak Kumar Sinha, Advocate For the Respondents : Mrs. Bandana Sinha, A.C. to Mr. P.A.S. Pati, G.A.-II

02/26.07.2022 Petitioner has approached this Court with the following prayer: A. ‘For quashing and setting aside the Show Cause Notice for Cancellation of Registration dated 15.06.2022 (Annexure-2) issued by the Respondent No. 3, whereby and where under the Petitioner was directed to furnish reply to the said notice as to

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