Mani Mahesh Alloys And Steels vs. Commissioner Central Goods And Services Tax And Another
Original PDF →Facts
The petitioner, Mani Mahesh Alloys & Steels, filed a writ petition before the High Court of Punjab and Haryana at Chandigarh seeking to quash an order dated January 17, 2023. This order, passed by respondent No. 2, had cancelled the petitioner's GST registration retrospectively. The petition was filed on [Date not specified in the judgment]. The respondents, represented by the Commissioner, Central Goods & Services Tax and another, appeared before the court. During the proceedings, the learned counsel for the respondents submitted that the petition had become infructuous.
Held
The Court noted the submission made by the learned counsel for the respondents that the GST registration certificate of the petitioner had been restored. Consequently, the relief sought by the petitioner in the writ petition had been granted. Therefore, the Court found that the petition had become infructuous. The Court disposed of the instant petition along with CM-2212-CWP-2023 as having been rendered infructuous. No specific findings were made on the merits of the cancellation order itself, as the subsequent restoration rendered the challenge moot. The operative direction was to dispose of the petition as infructuous.
Key Issues
1. Whether the writ petition seeking to quash the order cancelling GST registration has become infructuous, considering the subsequent restoration of the registration. (Question of fact and law) Contentions: Petitioner: The petitioner sought the quashing of the order dated January 17, 2023, which cancelled their GST registration retrospectively. Respondents: The respondents, through their counsel, submitted that the relief sought by the petitioner had already been granted by restoring the GST registration certificate, rendering the petition infructuous.
AI-generated summary — verify with the full judgment below
113+254 HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1281-2023 (O&M) Date of decision:23.02.2023 Mani Mahesh Alloys & Steels ....Petitioner V/s. Commissioner, Central Goods & Services Tax and another ....Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Kapish Chawla, Advocate for the petitioner. Ms. Pridhi Jaswinder Sandhu, Junior Standing Counsel for the respondents. **** Ritu Bahri, J. (Oral). The petitioner is seeking quashing of order dated 17.01.2023 (Annexure P-5) whereby respondent No. 2 has cancelled the GST registration of the petitioner retrospectively. Learned counsel for the respondents submits that this petition has become infructuous as the relief has been granted to the petitioner by restoring the GST registration certificate. The instant petition along with CM-2212-CWP-2023 is disposed of as having been rendered infructuous. (RITU BAHRI)
JUDGE (MANISHA BATRA) JUDGE 23.02.2023
Divyanshi Whether speaking/reasoned: Yes/No Whether reportable: Yes/No DIVYANSHI 2023.02.24 15:06 I attest to the accuracy and authenticity of this document/order
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.