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Patna High Court

M/S Sudhir 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 accordingly disposed of the writ petition.

Summary

M/s Sudhir Kumar, a GST-registered proprietor, filed a writ petition challenging the cancellation of its GST registration and an appellate order, alleging denial of a hearing and violation of natural justice. The petitioner sought quashing of the appellate order dated 16.07.2025, the show‑cause notice dated 26.12.2019, and the ex‑parte cancellation order dated 14.01.2020, and also requested permission to file a delayed revocation application. The court, after hearing counsel, granted the petitioner liberty to challenge the appellate order under Section 112 of the Bihar Goods and Services Tax Act, 2017. No substantive determination on the merits of the cancellation was made. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the appellate authority order and the GST registration cancellation orders were passed without affording a hearing, violating principles of natural justice
  • Whether the petitioner is entitled to liberty to challenge the appellate order under Section 112 of the Bihar Goods and Services Tax Act, 2017
  • Whether the writ petition should be dismissed

Legislation cited

Subjects

  • GST registration
  • cancellation
  • natural justice
  • show cause notice
  • ex parte order
  • Section 112
  • writ petition
  • Bihar GST Act
  • appellate authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 18590 of 2025
                 ======================================================
                 M/S Sudhir Kumar having GSTIN- 10CJFPK3272G1ZM a proprietary
                 concern having its office at Village- Sikandra, Police Station-Sikandra,
                 District-Jamui, Bihar, 811315 through its proprietor Sudhir Kumar, Gender-
                 Male, aged about 58 years, son of Sri Isho Singh, Resident of Village-
                 Sikandra, Post- Kumar, Police Station-Sikandra, Jamui, Bihar-811315.

                                                                            ... ... 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, Jamui, Government of Bihar.
           4.    The Additional Commissioner of State Taxes (Appeal), Bhagalpur Division,
                 Bhagalpur, Government of Bihar, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Manish Kumar,Adv.
                 For the Respondent/s   :      Mr. Government Pleader (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   08-07-2026                   The present writ petition has been filed seeking the

                   following reliefs:-

                                  “(i) The Appellate Authority order dated 16.07.2025
                                  and APL-02 dated 16.07.2025 (as contained in
                                  Annexure-P3 Series) by Respondent No-4 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 26.12.2019 (as contained in
                                  Annexure-P1) issued by the Respondent No.-3 for
                                  Cancellation of GST Registration without providing
                                  proper opportunity of personal hearing be quashed.
             Patna High Court CWJC No. 18590 of 2025(2) dt.08-07-2026
                                                         2/2




                                       (iii) The Ex parte order for Cancellation of GST
                                       Registration dated 14.01.2020 (as contained in
                                       Annexure P-2) passed by the Respondent No-3
                                       cancelling GST registration of the Petitioner by non-
                                       speaking order stating "This has reference to your
                                       reply dated 04.01.2020 in response to show cause
                                       notice issued dated 26.12.2019. Whereas no reply to
                                       the show cause notice has been submitted. The effective
                                       date of cancellation of your registration is 04.01.2020"
                                       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 order dated 16.07.2025 passed by the Additional

                       Commissioner of State Taxes (Appeal), Bhagalpur Division,

                       Bhagalpur 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)


                                                     (Raj Kumar, J)

Kanchan./-

U


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