2024 (7) TMI 420 - HC - GST

Cancellation of GST registration - seeking revocation of the cancellation order - HELD THAT - The petitioner is directed to file returns for the period prior to the cancellation of registration, if not filed, together with tax dues along with interest thereon and the fee fixed for belated filing of returns within a period of forty five (45) days from the date of receipt of a copy of this order. Petition disposed off.

Summary

Issues:
Challenge of GST registration cancellation due to inability to file returns on time.

Analysis:
The petitioner challenged the cancellation of their GST registration, citing inability to file returns on time due to ill-health. The petitioner sought revocation of the cancellation order. The counsel for the petitioner referred to a previous judgment and contended that the petitioner should be entitled to similar relief. The Government Advocate representing the respondent accepted notice and agreed that directions similar to the previous judgment could be issued.

The High Court disposed of the writ petition with specific directions for the petitioner:
i. The petitioner was directed to file returns for the period before the cancellation, along with tax dues, interest, and fees for belated filing within 45 days.
ii. Payment of tax, interest, fine, etc., was not allowed from any unutilized Input Tax Credit (ITC) of the petitioner.
iii. Unutilized ITC could not be used until approved by a competent officer.
iv. Only approved ITC could be used for future tax liabilities.
v. The petitioner had to pay GST and file returns for the period after cancellation, declaring the correct value of supplies.
vi. Any earned ITC could only be utilized after approval by the respondent or a competent authority.
vii. Registration would be revived upon payment of tax, penalty, and return uploading.
viii. The respondent was instructed to make necessary changes in the GST Web portal architecture to facilitate filing of returns and payment by the petitioner.
ix. The respondent had 30 days to carry out the above instructions.

The restoration of GST registration was subject to fulfilling the specified conditions. The writ petition was disposed of with no order as to costs, and the connected miscellaneous petition was closed.