2019 (10) TMI 311 - HC - GST

Permission for withdrawal of petition - Cancellation of registration - PGST Act - issuance of bills without supply of goods and/or services - HELD THAT - The writ petition is dismissed as withdrawn with liberty to petitioner to seek appropriate remedy in accordance with law.

Summary

Issues:
1. Cancellation of registration under the PGST Act, 2017 for issuing bills without supply of goods/services.
2. Delay in deciding the appeal and application for revocation of cancellation.

Analysis:
1. The petitioner, a partnership firm, filed a writ petition seeking to quash the order dated 26.3.2019, which canceled its registration under the Punjab Goods and Services Tax Act, 2017. The cancellation was based on the grounds of issuing bills without the actual supply of goods or services. The court issued a notice of motion on 26.8.2019, as the petitioner had filed an appeal against the cancellation order and an application for revocation of the cancellation. However, the petitioner raised concerns about the delay in deciding the appeal and the application for revocation.

2. During the hearing, it was revealed that the appeal against the cancellation order had been dismissed by the appellate authority on 25.9.2019. Consequently, the petitioner requested to withdraw the writ petition with liberty to challenge the appellate order dated 25.9.2019. The State counsel did not oppose this request. The court dismissed the writ petition as withdrawn, granting the petitioner the freedom to pursue appropriate legal remedies as advised by law in light of the appellate order.

This detailed analysis covers the issues of cancellation of registration under the PGST Act, 2017 and the delay in deciding the appeal and application for revocation of cancellation as addressed in the judgment delivered by the Punjab and Haryana High Court.