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Patna High Court

Vinay KumarversusThe Union of India

Decided
Disposal
DISPOSED

Holding

Since the petitioner’s GST registration had been restored, the writ petition was disposed of.

Summary

Vinay Kumar filed a writ petition in the Patna High Court challenging two orders issued by the Superintendent, Central Excise (GST), which rejected his application for revocation of a cancellation and subsequently cancelled his GST registration under the GST Act, 2017. He sought quashing of the orders, restoration of his registration, and a restraining direction against any coercive recovery action. The Union of India, represented by the Additional Solicitor General, submitted that the petitioner’s GST registration had already been restored. The Court, noting the restoration, found no further relief was required. Consequently, the writ petition was disposed of without further orders.

Issues considered

  • Whether the order dated 28.10.2024 rejecting the revocation application can be quashed
  • Whether the order dated 07.01.2025 cancelling the GST registration can be set aside
  • Whether the petitioner is entitled to restoration of the GST registration
  • Whether a restraining direction against coercive recovery action is warranted

Legislation cited

Subjects

  • GST registration
  • Cancellation
  • Quashing order
  • Writ petition
  • Tax law
  • Restoration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.11993 of 2025
                 ======================================================
                 Vinay Kumar, Gender – Male, Son of Shrarvan Prasad Singh, Resident of
                 Village Nadwan, P.S. Nadwan, District Patna, having its place of business at
                 201, Shyam Kishor Apartment, Frazer Road, P.S. Kotwali, District Patna.

                                                                                ... ... Petitioner/s
                                                           Versus

           1.    The Union of India through the Commissioner, Central Excise (GST),
                 Government of India, Patna.
           2.    The Superintendent, Central Excise (GST), Kotwali Range, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Chinmay Harsh Kaur, Advocate
                                                    Mr. Shubhankar Prabhakar, Advocate
                 For the Respondent/s      :        Dr. K.N. Singh, ASG
                                                    Mr. Amit Pandey, Sr. SC, CGST & CX
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER
                    (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   13-05-2026                   The present writ petition has been filed seeking the

                   following reliefs:-

                                                  “(i) For issuance of appropriate writ or
                                    order for quashing of order dated 28.10.2024 issued
                                    vide       Reference     No.    ZA1012240066752      dated
                                    04.12.2024 by the Superintendent, Central Excise
                                    (GST), Kotwali Range, Patna whereby the application
                                    filed for Revocation or order of cancellation has been
                                    rejected.
                                                  (ii) For issuance of appropriate writ or
                                    order for quashing of order dated 07.01.2025 issued
                                    vide       Reference     No.    ZA100125013023P      dated
                                    07.01.2025 by the Respondent Superintendent, Central
                                    Excise (GST), Kotwali Range, Patna whereby the
          Patna High Court CWJC No.11993 of 2025(3) dt.13-05-2026
                                                      2/2




                                    registration granted under GST Act was cancelled.
                                                (iii) For a direction to the Respondent No. 2
                                    to restore the registration granted under GST Act, 2017
                                    of the petitioner whereby the registration of the
                                    petitioner was cancelled without considering the reply
                                    filed by the petitioner;
                                                (iv) For further issuance of a direction
                                    restraining the Respondent No. 2 from taking any
                                    coercive action for recovery of the amount in demand
                                    during pendency of the present writ petition;
                                                (v) For grant of any other relief or reliefs to
                                    which the petitioner is entitled in the facts and
                                    circumstances of the case.”

                                2. At the outset, Dr. K.N. Singh, the learned

                    Additional Solicitor General appearing for the Union of India as

                    also the learned counsel appearing for the petitioner jointly

                    submit that the registration granted under the GST Act to the

                    petitioner has stood restored. In such view of the matter, it is

                    submitted by the learned counsel for the petitioner that the

                    present writ petition be disposed of.

                                3. Accordingly, the present writ petition stands

                    disposed of.


                                            (Mohit Kumar Shah, J)


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

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