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Patna High Court

M/S Ranveer KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that while the petitioner may invoke Section 112 of the Bihar GST Act to challenge the appellate orders, the writ petition seeking quashing of the orders and cancellation was disposed of.

Summary

The petition filed by M/s Ranveer Kumar sought to quash the appellate authority’s uploading of APL‑02 on the GST portal and the show‑cause notice and ex‑parte order cancelling its GST registration, alleging violations of Sections 107(11) and 107(12) of the Bihar GST Act and the principles of natural justice. The petitioner also requested liberty to challenge the appellate orders under Section 112 of the Bihar GST Act and an alternative direction to allow a delayed revocation application. The High Court, after hearing counsel, granted the petitioner liberty to invoke Section 112 to challenge the appellate orders. However, the court disposed of the writ petition without granting the other reliefs sought. Consequently, the petition was dismissed.

Issues considered

  • Whether the appellate authority’s uploading of APL‑02 without a hearing violates Sec 107(11) & (12) of the Bihar GST Act and natural justice.
  • Whether the show‑cause notice and ex‑parte cancellation order of GST registration were issued without providing a proper opportunity of hearing.
  • Whether the petitioner is entitled to invoke Section 112 of the Bihar GST Act to challenge the appellate orders.
  • Whether the writ petition seeking quashing of the orders should be entertained.

Subjects

  • GST
  • cancellation of registration
  • natural justice
  • principles of natural justice
  • Section 107
  • Section 112
  • appellate authority
  • ex‑parte order
  • show cause notice
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.13257 of 2025
                 ======================================================
                 M/S Ranveer Kumar a proprietorship firm having GSTIN-
                 10COKPK0212C2ZW and its office at 1, Dumra, Bishwanathpur, Sitamarhi,
                 Bihar, 843301, through its proprietor, Ranveer Kumar, Gender- Male, aged
                 about 28 years, S/o Sri Satyendra Kumar Ray, Resident of Ward No.-2,
                 Mohalla- Vishwanathpur, P.S.- Dumra, District- 843301.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, State Tax, Bihar, Patna
                 having its office at Kar Bhawan, Patna.
           2.    The Principal Secretary Cum Commissioner, Department of State Taxes,
                 Government of Bihar, Patna.
           3.    Joint Commissioner of State Tax, Sitamarhi, Government of Bihar.
           4.    The Additional Commissioner of State Taxes (Appeal), Tirhut Division,
                 Muzaffarpur, Government of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Bijay Kumar Gupta, Advocate
                 For the Respondent/s   :     Mr.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   13-03-2026              The present writ petition has been filed seeking the

                   following reliefs:-

                                  “(i) The Appellate Authority only uploading of
                          APL-02 on the GST Portal dated 04.06.2024 and APL-02
                          dated 06.09.2024 (as contained in Annexure-P3 Series)
                          without passing any order in violation of Sec 107(11) &
                          (12) of the BGST/CGST Act, 2017 by Respondent No-4
Patna High Court CWJC No.13257 of 2025(2) dt.13-03-2026
                                           2/3




                  without grant of adequate opportunity of being heard in
                  violation of Principles of Natural Justice be quashed.
                          (ii) The Show Cause Notice for Cancellation of
                  GST Registration dated 15.01.2023 (as contained
                  Annexure-P1) issued by by the Respondent No.-3 for
                  Cancellation of GST Registration without providing
                  proper opportunity of personal hearing be quashed.
                  (m) The Ex parte order For Cancellation of GST
                  Registration dated 25.02.2023 (as contained in Annexure-
                  P2) passed by the Respondent No-3 cancelling GST
                  registration of the Petitioner by non-speaking order
                  stating "This has reference to your reply dated
                  15.02.2023 in response to show cause notice issued
                  dated 15.01.2023. Whereas no reply to notice to show
                  cause has been submitted. The effective date of
                  cancellation of your registration is 25.02.2023" and
                  without providing proper opportunity of personal hearing
                  in violation of Principles of Natural Justice be quashed.
                          (iv) For directing the Respondents alternatively to
                  allow delayed filing of application for revocation of
                  cancelled registration which could be condoned subject
                  to payment of tax, interest, penalty and late fee.”

                      2. After some arguments, the learned counsel for

          the petitioner seeks liberty on behalf of the petitioner to

          challenge the appellate orders dated 04.06.2024 and

          06.09.2024 by availing the remedy available under Section

          112 of the Bihar Goods and Services Tax Act, 2017. Liberty so
            Patna High Court CWJC No.13257 of 2025(2) dt.13-03-2026
                                                       3/3




                      sought is granted.

                                  4. The writ petition stands disposed off.



                                             (Mohit Kumar Shah, J)


                                                (Arun Kumar Jha, J)
kanchan/-

U


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