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Patna High Court

Gopal KumarversusThe 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 GST Act, 2017 and disposed of the writ petition.

Summary

Gopal Kumar filed a writ petition in the Patna High Court seeking to quash an appellate order dated 27‑03‑2025 that dismissed his GST appeal on the ground of delay, as well as an ex‑parte order cancelling his GST registration under Section 29 of the GST Act and a related show‑cause notice. The petitioner argued that the dismissal was barred by limitation and that the cancellation was unlawful. The court examined whether the appellate order could be challenged and whether the petitioner could be granted liberty to invoke Section 112 of the Bihar Goods and Services Tax Act, 2017. The bench granted the petitioner liberty to challenge the appellate order under Section 112 and disposed of the writ petition. Consequently, the petition was dismissed without further relief regarding the registration cancellation.

Issues considered

  • Whether the appellate order dismissing the GST appeal on the ground of delay can be quashed by a writ of certiorari.
  • Whether the cancellation of the petitioner's GST registration under Section 29 of the GST Act is valid.
  • Whether the petitioner is entitled to liberty to challenge the appellate order under Section 112 of the Bihar Goods and Services Tax Act, 2017.

Legislation cited

Subjects

  • GST
  • registration cancellation
  • Section 29
  • Section 112
  • appellate order
  • limitation
  • writ of certiorari
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11961 of 2025
                 ======================================================
                 Gopal Kumar Son of Dudhnath Yadav, resident of Rajapur Ke Tola, Ekma,
                 Police Station - Ekma, District- Saran.
                                                                             ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through the Secretary-cum-Commissioner of State Tax,
                  Bihar having its office at Vikas Bhawan, Bailey Road, Patna.
           2.    The Additional Commissioner of State Taxes (Appeal), Saran Division,
                 Chapra.
           3.    The Joint Commissioner of State Tax, Saran I, Chapra.
           4.     The Union of India through the Secretary, Department of Revenue, Ministry
                  of Finance, New Delhi.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Parijat Saurav, Advocate
                 For the State          :       Mr.Vivek Prasad, GP-7
                                                Mr. Pratyush Kumar, AC to GP-7
                 For the respondent     :       Mr. Shilpi Keshri, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   13-03-2026                     The present writ petition has been filed seeking the

                   following reliefs:-

                            “1) For issuance of a writ in the nature of Certiorari or
                            any other appropriate writ or order for quashing of
                            order-in-appeal dated 27/03/2025 passed in Appeal No. -
                            ARN Ref No.: AD100325006660T, passed by the
                            respondent no. 2, the Additional Commissioner of State
                            Taxes (Appeal), Saran Division, Chapra, whereby the
                            appeal of the petitioner was dismissed on the ground of
                            delay as well as the consequential Form GST APL-02
                            dated 27/03/2025 communicating that the appeal of the
                            petitioner is rejected; and further be pleased to quash the
                            ex-parte order-in-original dated 03/02/2024 contained in
                            Ref. No. ZA100224010056J passed under the signature of
            Patna High Court CWJC No.11961 of 2025(2) dt.13-03-2026
                                                        2/2




                              respondent no. 3 whereby the GST registration of the
                              petitioner has been cancelled under Section 29 of the
                              GST Act; and also to quash show cause notice dated
                              03/01/2024     contained      in   Reference     Number:
                              ZA100124007858W.
                                        ii) For directing the respondents to revoke the
                              cancellation of GST registration, and to reactivate the
                              GST registration of the petitioner bearing GSTIN
                              10EOZPK0351F1Z2.”

                                  2. Admittedly, the appeal filed by the petitioner has

                      been dismissed on the ground of delay and being barred by

                      limitation.

                                  3. In view of the aforesaid, the learned counsel for

                      the petitioner seeks liberty on behalf of the petitioner to

                      challenge the appellate order dated 27.03.2025 by availing the

                      remedy available under Section 112 of the Bihar Goods and

                      Services Tax Act, 2017. Liberty so sought is granted.

                                  4. The writ petition stands disposed off.



                                             (Mohit Kumar Shah, J)


                                               ( Arun Kumar Jha, J)
kanchan/-

U


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