Mohammad Shafi Chachoo vs. Union Territory Of J And K (Taxes) And Ors

WP(C)/1714/2025HC Jammu and Kashmir and LadakhGSTCNR JKHC01003626202522 July 2025Bench: HON'BLE MR. JUSTICE SANJEEV KUMAR,HON'BLE MR. JUSTICE SANJAY PARIHAR2 pages
AI SummaryRemanded

Held

The Court held that the case of the present petitioner is covered by the judgment in Sheikh Mohammad Yousuf’s case. Consequently, the writ petition was disposed of with specific directions. The petitioner is directed to approach the Competent Authority for registration of his GST Number within seven days. The Competent Authority is directed to restore the petitioner's GST Number immediately upon completion of requisite formalities. The petitioner must then file returns and deposit taxes, penalty, and interest within seven days. The Court clarified that if the petitioner fails to comply within the stipulated period, this order will cease to be in operation. No specific issue was left undecided.

Facts

The petitioner, Mohammad Shafi Chachoo, filed a writ petition before the High Court of Jammu & Kashmir and Ladakh at Srinagar. The petitioner's counsel argued that the case was entirely covered by a previous judgment of the same court in 'Sheikh Mohammad Yousuf v. Union Territory of J&K and Ors.' dated July 26, 2024. The respondents are the Union Territory of J&K and Ors. The specific tax period and the amount in dispute are not recorded in the judgment. The procedural history involves the filing of the writ petition and the subsequent arguments presented by the petitioner's counsel.

Key Issues

1. Whether the present writ petition is covered by the judgment of this Court in WP (C) No. 1061/2024 titled ‘Sheikh Mohammad Yousuf v. Union Territory of J&K and Ors.’ dated 26th of July, 2024. Petitioner's contention: The petitioner's case is entirely covered by the aforementioned judgment of this Court. Revenue/State's contention: The judgment does not record any specific contentions from the respondents.

AI-generated summary — verify with the full judgment below

Serial No. 31 Supplementary-2 Cause List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

WP (C) No. 1714/2025 CM No. 4473/2025

Mohammad Shafi Chachoo … Petitioner(s)

Through: - Ms Asiya Nazir, Advocate.

V/s

Union Territory of J&K and Ors. … Respondent(s) CORAM:

Hon’ble Mr Justice Sanjeev Kumar, Judge Hon’ble Mr Justice Sanjay Parihar, Judge

(ORDER) 22.07.2025

01.

Learned Counsel appearing on behalf of the Petitioner, at the outset, places reliance upon a Judgment dated 26th of July, 2024 passed by this Court in WP (C) No. 1061/2024 titled ‘Sheikh Mohammad Yousuf v. Union Territory of J&K and Ors.’ and submits that the case of the present Petitioner is covered entirely by the aforesaid Judgment.

02.

Having heard the learned Counsel for the Petitioner and perused the material on record, we are of the view that the Judgment passed in Sheikh Mohammad Yousuf’s case (supra) covers the case of the present Petitioner as well. This Petition is, accordingly, disposed of with a direction to the Petitioner to approach the Competent Authority for registration of his GST Number within a period of seven (07) days

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