Satyavan vs. Commissioner Central Goods And Services Tax Commissioner
Held
The Court held that the present writ petition was identical to Writ Petition (M/B) No. 1129 of 2025, which had been decided by a co-ordinate bench. Consequently, the Court decided the present writ petition in terms of the order passed in Writ Petition (M/B) No. 1129 of 2025, dated 03.01.2025. The reasoning for this decision was the concession made by the Revenue's counsel that the issues were identical. The operative direction was that the writ petition stands ordered accordingly, and any pending applications were also disposed of. The specific findings or reasoning from the order in Writ Petition (M/B) No. 1129 of 2025 were not detailed in this judgment, but the principle applied is that identical matters, especially where the Revenue concedes to the similarity, should be decided based on established precedents by co-ordinate benches.
Facts
The petitioner, Satyavan, had his Goods and Services Tax (GST) registration cancelled by an order dated 11.12.2024. The cancellation was based on the ground of non-filing of GST returns for six consecutive months, as indicated in the show-cause notice. The petitioner contended that an identical issue had been decided by a co-ordinate bench of the High Court in a previous writ petition, Writ Petition (M/B) No. 1129 of 2025. The counsel for the Revenue conceded that the issue in the present writ petition was indeed identical to the one decided in the earlier writ petition.
Key Issues
1. Whether the cancellation of GST registration for non-filing of returns for six consecutive months is justified, considering the precedent set by a co-ordinate bench of this Court? (Question of law) The petitioner argued that the issue before the Court was identical to that decided in Writ Petition (M/B) No. 1129 of 2025, and therefore, the present petition should be decided in terms of the order passed in the earlier case. The Revenue, through its counsel, conceded that the issue was indeed identical to the one decided in the aforementioned writ petition. No specific arguments were recorded for the Revenue beyond this concession.
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Cause title — parties, addresses and appearances
JUDGMENT: (per Sri Manoj Kumar Tiwari, A.C.J.)
1)
G.S.T. registration of the petitioner was cancelled vide order dated 11.12.2024. Show-cause notice issued to the petitioner reveals that registration of his firm was cancelled due to non-filing of GST returns for six consecutive months. 2)
Learned counsel for the petitioner submits that identical issued was decided by co-ordinate bench in Writ Petition (M/B) No. 1129 of 2025. 3)
Mr. Shobhit Saharia, learned counsel appearing for
The judgment continues below.
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