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Patna High Court

Garg Coal TradersversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to the remedy under Section 112 of the CGST Act and consequently disposed of the writ petition, maintaining the status‑quo.

Summary

Garg Coal Traders filed a writ petition challenging an ex‑parte order that cancelled its GST registration under Section 29 of the Central Goods and Services Tax Act, 2017, alleging violation of natural justice. The petition also sought to set aside the appellate order that dismissed its appeal on the ground of limitation and to compel the respondents to restore the registration. The High Court noted that the appeal had indeed been dismissed for being filed beyond the statutory period, but held that the petitioner was entitled to invoke the remedial provision of Section 112 of the CGST Act. Accordingly, the court granted the petitioner liberty to pursue the Section 112 remedy and disposed of the writ petition, directing that the status‑quo be maintained for eight weeks. The order effectively quashes the ex‑parte cancellation and preserves the existing position pending further proceedings.

Issues considered

  • Whether the ex‑parte order cancelling the petitioner’s GST registration under Section 29 of the CGST Act can be quashed on grounds of violation of natural justice.
  • Whether the appellate order dismissing the petitioner’s appeal for limitation can be set aside.
  • Whether the petitioner is entitled to a writ of mandamus directing restoration of the cancelled registration.
  • Whether the petitioner may invoke the remedial provision of Section 112 of the CGST Act.

Legislation cited

Subjects

  • GST registration cancellation
  • ex‑parte order
  • natural justice
  • Section 112
  • mandamus
  • limitation period
  • writ petition
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.18738 of 2025
                 ======================================================
                 Garg Coal Traders through its proprietor Anoop Kumar Garg @ Anoop Garg
                 son of Vishnu Kumar Garg, aged about 51 years, male, resident of A-701,
                 Unique Towers, APSC Road, Khanpara, P.S.- Dispur, District- Kamrup Metro,
                 Guwahati.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The Union of India through the Commissioner of Central Goods and Service
                 Tax, Patna.
           2.    The State of Bihar, through the Secretary, Commercial Tax Department,
                 Bihar.
           3.    Commissioner of Customs, Central GST and Central Excise, C.R. Building
                 (Annex), Patna.
           4.    Superintendent CGST and CX, Saharsa Range, Saharsa.
           5.    Joint Commissioner of State of Tax, Saharsa, District- Saharsa, Bihar.
           6.    Assistant Commissioner of State Tax, Saharsa, District- Saharsa, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shailesh Anand, Advocate
                 For the Respondent/s   :      Ms. Archana Shahi, Sr. Advocate
                                               Ms. Shilpi Keshri, Advocate
                                               Mr. Alok Kumar, Advocate
                                               Mr. Sriram Krishna, Sr. SC for CGST
                                               Mr. Devansh Shankar Singh, JC for CGST
                                               Mr. Prabhat Kumar Singh, Advocate
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3   13-03-2026                 The present writ petition has been filed seeking the

                   following reliefs:-

                                             “(i) For issuance of a writ in the nature of
                                  certiorari for quashing of the ex-parte order bearing
                                  reference number ZA101024002440R dated 01-10-2024
                                  passed by the respondent No.-4 under section 29 of the
Patna High Court CWJC No.18738 of 2025(3) dt.13-03-2026
                                                 2/3




                          Central Goods and Services Tac Act, 2017 (hereinafter
                          referred to as the Act for short) read with Rule 22 of The
                          Central      Goods       and   Services     Tax    Rules,     2017
                          (hereinafter referred to as the “Rules 2017” for short)
                          whereby the registration of the petitioner has been
                          cancelled on grounds of rule 21 (a) of the Rules, 2017.
                                           (ii) For further issuance of a writ or order
                          or a direction in the nature of certiorari for quashing of
                          the order dated 13-08-2025 passed in Case No.- GST-
                          513/Pat/2025-26 (Appeal ARN- AD100725002561P)
                          whereby the appeal preferred by the petitioner has been
                          rejected;
                                           (iii) For further issuance of a writ in the
                          nature      of    mandamus      directing    the    respondents
                          especially       the    respondent   No.4     to    restore    the
                          registration which has been cancelled retrospectively
                          with effect from 01-07-2017 in order to revalidate the
                          business transactions carried out by the petitioner since
                          28-02-2022 till date.
                                           (iv) For further holding and a declaring that
                          the cancellation of registration of the petitioner by
                          virtue of an ex-parte order passed by the respondent
                          no.-4 is violative of the principles of natural justice;”

                      2. Admittedly, the appeal filed by the petitioner has

          been dismissed on the ground of delay inasmuch as the same

          was filed beyond the period of limitation provided for under the

          statute.

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

          petitioner seeks to challenge the appellate order dated

          13.08.2025 passed by the Additional Commissioner (Appeals),
        Patna High Court CWJC No.18738 of 2025(3) dt.13-03-2026
                                                   3/3




                  Office of the Commissioner (Appeals) of Customs, Central GST

                  & Central Excise, Patna by availing the remedy provided for

                  under Section 112 of the Central Goods and Services Tax Act,

                  2017. Liberty, so sought, is granted.

                              4. Accordingly, present writ petition stands disposed

                  of.

                              5. It is needless to state that status quo, existing as on

                  today, shall be maintained for a period of eight weeks.



                                                          (Mohit Kumar Shah, J)


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

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