Patna High Court
M/S Abhimanu Paswan (A Sole Proprietorship Firm),versusThe Union of India,
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to challenge the 31‑07‑2024 order under Section 112 of the Bihar GST Act, 2017 and disposed of the writ petition.
Summary
M/s Abhimanu Paswan filed a writ petition in the Patna High Court seeking to set aside a 31 July 2024 order dismissing its appeal on limitation grounds and a 10 October 2019 ex‑parte order cancelling its GST registration without hearing. The petitioner also sought a mandamus directing restoration of the registration. The Court granted liberty to challenge the 31 July 2024 order under Section 112 of the Bihar Goods and Services Tax Act, 2017, and disposed of the writ petition. No substantive merits on the cancellation were decided. The petition was therefore dismissed.
Issues considered
- Whether the order dated 31‑07‑2024 dismissing the appeal on limitation can be challenged under Section 112 of the Bihar GST Act, 2017
- Whether the ex‑parte order dated 10‑10‑2019 cancelling the GST registration, issued without hearing, is a non‑speaking order liable to be set aside
- Whether the High Court can issue a mandamus directing restoration of the GST registration
Legislation cited
Subjects
- GST registration
- cancellation
- ex‑parte order
- limitation
- Section 112
- Bihar GST Act
- mandamus
- writ petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10920 of 2025
======================================================
M/S Abhimanu Paswan (A Sole Proprietorship Firm), having its Registered
Office at Rajendra Gram, Dumariya, P.O.-Chandpur, P.S.-Kursaila, District-
Katihar, through its Sole Proprietor Mr. Abhimanu Paswan @ Mr. Abhimanyu
Paswan, aged about 45 Years, S/o Basudeo Paswan
... ... Petitioner/s
Versus
1. The Union of India, through the Secretary, Ministry of Finance, Department
of Revenue, having its Office at Room No.46, North Block, P.O. and P.S.
North Block, New Delhi-110001.
2. The Commissioner, Central GST and Central Excise, Patna-II
3. The State of Bihar through Commissioner, BGST, Kar Bhawan, Patna.
4. The Joint Commissioner of State Tax, katihar Circle, District-Katihar.
5. The Assistant Commissioner of State Tax, Katihar Circle, District-Katihar.
6. The Additional Commissioner (Appeal), Office of the Additional
Commisioner (Appeal), Purnea Division, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anurag Saurav, Adv.
Mr. Abhishek Kumar, Adv.
Mr. Ankesh Bibhu, Adv.
For the Respondents No. 1 & 2 : Mr. Amit Pandey, Sr. SC, CGST & CX
Ms. Ruchi Mandal, Jr. SC
Mrs. Asmita Sinha, Adv.
For the State : Mr. SC-11
Mr. Rabis Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
4 01-07-2026 The present writ petition has been filed seeking the
following reliefs:-
“1(i). For issuance of writ in the nature of
writ/order/direction for setting aside order dated
31.07.2024, passed by Joint Commissioner Appeal in
Appeal Case No. (ARN): AD1007240060310, whereby
Patna High Court CWJC No.10920 of 2025(4) dt.01-07-2026
2/3
and where under the Appellate authority dismissed the
appeal filed by the petitioner on the ground of limitation.
(ii). For issuance of an appropriate writ/ order/ direction
for setting aside order bearing reference no.
ZA101019009242B Dated: 10.10.2019, passed by Joint
Commissioner of State Tax, Katihar Circle, Katihar,
whereby and whereunder respondent authorities passed
an ex-parte order dated 06.09.2019, without providing an
opportunity of hearing, Cancelled the GST Registration
of the petitioner, whereas there is no pending tax amount
against the petitioner and impugned order does not state
about the reason for cancellation of Registration and the
said order is a non speaking order passed in cryptic
manner.
(iii). For issuance of writ in the nature of Mandamus
directing the respondent authority to restore the GST
Registration of the Petitioner after revocation of
cancellation of registration with immediate effect, as the
petitioner had already furnished the pending returns of
previous years and further undertake to filed any
Pending Return or make payment of any pending tax, if
any, assessed by respondent authority within Fifteen
Days from the date of the Order of this Hon'ble Court.”
2. At the outset, the learned counsel for the petitioner seeks
liberty on behalf of the petitioner to challenge the order dated
31.7.2024, passed by the Additional Commissioner (Appeal),
State Tax, Purnea Division, Purnea by availing the remedy provided
for under Section 112 of the Bihar Goods and Services Tax Act,
Patna High Court CWJC No.10920 of 2025(4) dt.01-07-2026
3/3
2017. Liberty, so sought, is granted.
3. Accordingly, the present writ petition stands disposed of.
(Mohit Kumar Shah, J)
( Raj Kumar, J)
Ajay/-
U
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