Revocation order by Appellate Authority of GST Registration cancellation of taxpayer

Case Title

Ishwar Chand (Bhagwati Trading Co)

Vs

Union of India and ors.

Favour

Assessee

Section

Section 29 to 31 of CGST Act, 2017

Court

Delhi High Court

Honorable Judges

Justice Rajeev Shakdher

Citation

2022 (7) GSTPanacea 139 HC Delhi

W.P.A. 10363 of 2022 and W.P.A. 29870 of 2022

 

Judgement Date

08-July-2022

Council for Petitioner

Malay Swapnil

Bhumika Aggrawal

 

Council for UOI

Krishna Kumar Sharma

Anil Devlal

Vijay Joshi

Council for State

NA

The Delhi High Court bench of Justice Rajeev Shakdher and Tara Vitatsa Ganju has held that The officer should comply with the order of Appellate Authority within the meaning of time.

FACTS OF THE CASE

The petitoner’s registration was cancelled and while approaching to the appellate authority, the authority via order dated26th Aug 2021 revoked the order of cancellation of registration and afforded the petitioner to file the pending returns and make payment of taxes within 30 days from the date of revocation order.

The respondent had not taken up the follow up in this matter, the petitioner is approached this court.

The respondent submitted when the petitioner has come up for this writ the GST number of him before this writ has been restored.

COURT HELD

Considering the facts as recorded, the court directs to petitioner to upload his return within 3 months with penalty and interest thereon.

 

ANALYSIS OF THE JUDGEMENT

The assessing authority must complied with the order of appellate authority within due time, despite of unnecessarily wasting the time of tax payer to further move for any writ above.

 

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Ishwar Chand

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Delhi High Court