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Patna High Court

M/S A K TradersversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to liberty to challenge the appellate order under Section 112 of the Bihar Goods and Services Tax Act, 2017, and disposed of the petition accordingly.

Summary

M/S A K Traders filed a writ petition in the Patna High Court challenging the dismissal of its appeal by the Additional Commissioner (Appeal) on limitation grounds and the ex parte cancellation of its GST registration by the Assistant Commissioner. The petitioner sought quashing of the appellate order, setting aside the ex parte cancellation, and mandamus to restore its GSTIN. The court examined whether the appellate order could be contested under Section 112 of the Bihar Goods and Services Tax Act, 2017, and considered the violation of natural justice in the ex parte cancellation. The bench granted the petitioner liberty to challenge the appellate order under the said provision. Consequently, the petition was disposed of by the court.

Issues considered

  • Whether the order of the Additional Commissioner dismissing the appeal on limitation grounds is amenable to challenge under Section 112 of the Bihar GST Act, 2017.
  • Whether the ex parte order cancelling the GST registration without hearing violates principles of natural justice.
  • Whether a writ of mandamus can be issued to direct restoration of the petitioner’s GSTIN.

Subjects

  • GST registration
  • cancellation
  • ex parte order
  • limitation period
  • natural justice
  • mandamus
  • Section 112
  • writ petition
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11632 of 2025
                 ======================================================
                 M/S A K Traders (A Sole Proprietorship Firm), Having its Registered Office
                 at Abdullah Nagar, Masaruhi P O Masaruhi, P S Masaruhi, Near Devi Sthan,
                 Patna 804452 through its sole proprietor Avinash Kumar (M), aged - 30 years,
                 S/o Jai Prakash Singh, resident of village Gram- Lawaich, P O Hazrat Sain, P
                 S Danarua Patna.

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    Addl. Commissioner of State Tax, Patna West Circle, Patna.
           3.    Assistant Commissioner of State Tax, Patna South Circle, Patna.
           4.    The Addl. Commissioner State Tax, South Circle Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Uday Prasad Singh, Advocate
                 For the Respondent/s   :       Standing Counsel (11)
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   22-04-2026                 The present writ petition has been filed seeking for

                   the following reliefs:-

                                             “(i)   For    Quashing    of   Order    dated
                                  16.05.2025 passed by Addl. Commissioner, (Appeal),
                                  Patna West Division, Patna whereby and where under
                                  the appeal of the petitioner was dismissed by
                                  respondent no.3 against the order of cancellation of
                                  Registration, on the ground of limitation that the
                                  petitioner has not filed the appeal within the stipulated
                                  period of 90 days and there were delay in filing of
                                  appeal and apart from that the petitioner had also no
                                  filed the certified copy of Impugned Order before the
Patna High Court CWJC No.11632 of 2025(2) dt.22-04-2026
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                         Appellate Authority.
                                         (ii)    For   issuance   of   an   appropriate
                         writ/order/direction for setting aside order bearing
                         reference no.ZA1006230423543 dated 17.06.2023,
                         passed by Assistant Commissioner South Circle Patna,
                         whereby and where under respondent authorities passed
                         an ex parte order dated 17.06.2023 without providing
                         an opportunity of hearing to the petitioner whereby and
                         where under respondent authority cancelled the
                         Registration of the petitioner and there is no pending of
                         tax amount against the petitioner.
                                         (iii) For issuance of writ in the nature of
                         Mandamus directing the respondent to restore the
                         GSTIN      to     the    petitioner   where   as   the   Addl.
                         Commissioner BR034 issued the order of approval of
                         application for condonation of delay in filing revocation
                         application of cancellation of registration.
                                         (iv) 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 is ready to furnish the returns of earlier
                         year within Fifteen Days from the date of the Order of
                         this Hon’ble Court.
                                         (v) For issuance of an appropriate writ(s),
                         orders), and/or direction(s), as your Lordships may
                         deem fit and proper in the facts and circumstances of
                         this case in the interest of justice.”

                      2. At the outset, the learned counsel for the petitioner

          seeks liberty on behalf of the petitioner to challenge the

          appellate order dated 16.05.2025 passed by the Additional

          Commissioner (Appeal), State Tax, Patna West Division, Patna
          Patna High Court CWJC No.11632 of 2025(2) dt.22-04-2026
                                                      3/3




                    by availing the remedy available under Section 112 of the Bihar

                    Goods and Services Tax Act, 2017. Liberty, so sought, is

                    granted.

                                3. Accordingly, the present petition stands disposed

                    of.


                                            (Mohit Kumar Shah, J)


                                              (Arun Kumar Jha, J)
GAURAV S./-
U


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