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Patna High Court

Sudhtam ConstructionversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to seek remedy under Section 112 of the Bihar Goods and Services Tax Act, 2017, and therefore disposed of the writ petition while granting liberty to challenge the order.

Summary

Sudhtam Construction filed a writ petition in the Patna High Court seeking to set aside a show cause notice dated 12.03.2024, the ex‑parte cancellation of its GST registration dated 05.12.2024, and the order of the Additional Commissioner dated 04.07.2025 that rejected its appeal on the ground of limitation. The petitioner argued that it was ready to file the pending returns and sought restoration of its registration. The court granted the petitioner liberty to challenge the Additional Commissioner’s order under Section 112 of the Bihar Goods and Services Tax Act, 2017. No substantive order setting aside the SCN or cancellation was made. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the show cause notice and cancellation of GST registration can be set aside.
  • Whether the order of the Additional Commissioner rejecting the appeal on limitation grounds can be set aside.
  • Whether the petitioner is entitled to liberty to challenge the order under Section 112 of the Bihar GST Act, 2017.

Legislation cited

Subjects

  • GST
  • registration cancellation
  • show cause notice
  • limitation period
  • Section 112
  • Patna High Court
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16652 of 2025
                 ======================================================
                 Sudhtam Construction C/o- Arjun Kumar Singh, Jadhua Bag Tola, Hajipur,
                 Vaishali, Bihar, 844101 through its proprietor Nikhil Kumar (Male), aged
                 about 27 years, Son of Arjun Kumar Singh, resident of Allipur Hatta, P.S.-
                 Mahnar, District- Vaishali, Bihar- 844506.

                                                                                ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Bihar Sales Tax (Goods
                 and Services) Department, Government of Bihar, Patna.
           2.    The Additional Commissioner of State Tax (Appeal), Saran, Bihar.
           3.    The Joint Commissioner of State Tax, Hajipur, Saran, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Priyajeet Pandey, Advocate
                                               Ms. Megha, Advocate
                                               Mr. Kaustubh Kumar, Advocate
                 For the Respondent/s   :      Mr.Government Pleader (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   13-05-2026                     The present writ petition has been filed seeking the

                   following reliefs:-

                            “i. For setting aside the SCN dated 12.03.2024, bearing
                            Reference No. ZA1003240242765, issued to the petitioner
                            alleging non-filing of GST returns and proposing cancellation
                            of registration.
                            ii. For setting aside the order of Cancellation of Registration
                            dated      05.12.2024,     issued    vide     Reference     no.
                            ZA1012240115484, whereby and whereunder the Joint
                            Commissioner of State Tax, Hajipur has ex-parte cancelled
                            the registration of the petitioner's company effective from
                            12.03.2024.
                            iii. For setting aside the Order dated 04.07.2025, passed by
                            the Additional Commissioner of State Tax (Appeal), Saran,
            Patna High Court CWJC No.16652 of 2025(2) dt.13-05-2026
                                                       2/2




                              Bihar, in Appeal No: AD100425001812T, rejecting the Appeal
                              filed by the petitioner against the cancellation Order dated
                              05.12.2024, on the ground of limitation stating that the
                              petitioner has not filed the appeal within the stipulated period
                              of 90 days and there was a delay in filing of appeal.
                              iv. For 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.”

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

                      seeks liberty on behalf of the petitioner to challenge the

                      impugned order dated 04.07.2025, passed by the learned

                      Additional Commissioner (Appeal) of State Tax, Saran

                      Division, Chapra by availing the remedy provided for under

                      Section 112 of the Bihar Goods and Services Tax Act, 2017.

                      Liberty so sought is granted.

                                  3. The writ petition stands disposed of.



                                             (Mohit Kumar Shah, J)


                                               ( Arun Kumar Jha, J)
kanchan/-

U


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