Manoj Kumar Sah vs. The State Of Bihar
(Patna High Court, Bihar)

Case Law
Petitioner / Applicant
Manoj Kumar Sah
Respondent
The State Of Bihar
Court
Patna High Court
State
Bihar
Date
Jan 10, 2023
Order No.
Civil Writ Jurisdiction Case No.18307 of 2022
TR Citation
2023 (1) TR 6871
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

Petitioner has prayed for the following relief(s):

“a) For directing the respondents to restore the GST registration of the petitioner with immediate effect as the petitioner is ready to furnish the returns of earlier years within 1 months of the order of this Hon’ble Court.

b) For any other consequential relief or reliefs for which the petitioner is found entitled during course of hearing of this writ petition.”

Vide order dated 12.09.2019 (Page 8 to the brief), the Joint Commissioner of State Tax, Madhubani, has cancelled the petitioner’s registration under the provision of Section 29 of the Bihar Goods and Services Tax Act, 2017. The order is extracted in toto as under:-

It cannot be disputed that with the passing of the said order, petitioner is liable to both civil and penal consequences.To say the least, the authority ought to have at least referred to the contents of the show cause and the response thereto, which was not done. Not only the order is non-speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences.

Hence, for all the aforesaid reasons, the order dated 12/09/2019 passed by the respondent no.2, namely the Joint Commissioner of State Tax, Madhubani, Bihar is quashed with the petitioner’s registration restored, with a further direction to the respondent no.1, namely The State of Bihar through Commissioner of State GST, New Secretariat, Patna to finalize the petitioner’s assessment and/or pass appropriate orders, in accordance with law.
 
We reiterate that issue of delay in filing the returns shall remain closed and not raised again as is stated by Sri Vivek Prasad, learned G.P.7 appearing for the respondents.

The writ petition stands allowed in the above terms.

Interlocutory Application, if any, shall stand disposed of.

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