Kalsi Steel Industries vs. State Of Punjab And Others

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CWP/19836/2023HC Punjab and HaryanaGSTCNR PHHC01112278202331 October 2023Bench: MR. JUSTICE GURMEET SINGH SANDHAWALIA,MS. JUSTICE HARPREET KAUR JEEWAN2 pages
AI SummaryRemanded

Facts

The petitioner, Kalsi Steel Industries, filed a writ petition challenging an order dated 21.09.2023, passed by the Excise & Taxation Officer-cum-State Tax Officer, Fatehgarh Sahib, which cancelled their GST registration effective from 06.06.2023. The petitioner sought the quashing of this cancellation order and a direction for the restoration of their GST registration. The State, through its counsel, informed the Court that an order dated 13.10.2023 had been passed by the same authority. This subsequent order considered the petitioner's application for revocation of the cancellation, found it to be in order, and restored the GST registration. The High Court was apprised of these developments.

Held

The High Court noted that the petitioner's primary prayer was for the quashing of the GST registration cancellation order dated 21.09.2023 and for the restoration of their registration. The Court was informed by the State that an order dated 13.10.2023 had been passed by the Excise & Taxation Officer-cum-State Tax Officer, Fatehgarh Sahib, wherein the petitioner's application for revocation of the cancellation was examined and found to be in order, leading to the restoration of the GST registration. Consequently, the Court was of the considered opinion that the writ petition had become infructuous. The Court disposed of the writ petition and the application for amendment as such, while leaving it open for the petitioner to avail further remedies in accordance with law against the said action, if any.

Key Issues

1. Whether the GST registration of the petitioner, Kalsi Steel Industries, was validly cancelled by the order dated 21.09.2023, and if not, whether it should be restored. This issue turns on the provisions related to the cancellation and revocation of GST registration under the CGST Act and Punjab GST Act. The petitioner argued that the cancellation order was erroneous and sought its quashing and restoration of registration. The State, through its counsel, informed the Court about the subsequent order dated 13.10.2023, which had already addressed the petitioner's grievance by restoring the registration upon review of their revocation application. No specific arguments were recorded for the State beyond this factual submission.

Sections Cited

CGST Act, Punjab GST Act

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Neutral Citation No. 2023:PHHC:139252-DB IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (117) CM-17079-CWP-2023 in/and CWP-19836-2023 Decided on : 31.10.2023 Kalsi Steel Industries ……Petitioner(s) Versus State of Punjab & others ……Respondent(s) CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA HON'BLE MS.JUSTICE HARPREET KAUR JEEWAN Present: Mr.Kapish Chawla, Advocate, for Mr.Mukul Singla, Advocate for the petitioner (s). Mr.Arjun Sheoran, DAG, Punjab. ***** G.S. Sandhawalia, J. (Oral) 1. Application has been filed for amendment of the writ petition and to place on record the amended writ petition. 2. In the amended writ petition, the petitioner seeks quashing of the order dated 21.09.2023 (Annexure P-7) whereby the GST Registration of the petitioner was cancelled w.e.f. 06.06.2023 and for direction to restore the same. 3. Counsel for the State, on instructions from Shri Randhir Singh, STO, Fatehgarh Sahib, has placed on record the order dated 13.10.2023 passed by the Excise & Taxation Officer-cum-State Tax Officder, Fatehgarh Sahib, whereby the application filed dated 13.10.2023 by the petitioner for revocation of cancellation of registration has been examined and the same has been found in order and the registration has been restored. SAILESH RANJAN 2023.11.06 11:01 I attest to the accuracy and

authenticity of this order/judgment Chandigarh

CM-17079-CWP-2023 in/and CWP-19836-2023

-2-

4.

Keeping in view the above, we are of the considered opinion that the present writ petition has been rendered infructuous and the same as well as the application for amendment of the writ petition are disposed of, as such. It is however open to the petitioner to avail his remedy in accordance with law against the said action.

(G.S. SANDHAWALIA) JUDGE

(HARPREET KAUR JEEWAN) 31.10.2023

JUDGE Sailesh

Whether speaking/reasoned : Yes

Whether Reportable :

No

SAILESH RANJAN 2023.11.06 11:01 I attest to the accuracy and authenticity of this order/judgment Chandigarh

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.