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Patna High Court

M/S Samadhan Seva SamitiversusThe Union of India

Decided
Disposal
ALLOWED

Holding

The cancellation order is set aside because the show‑cause notice was not served by the two modes mandated under Section 169, rendering the order violative of natural justice.

Summary

The petitioner, a society registered under the Society Registration Act, 1860, sought relief against the cancellation of its GST registration by the State Tax authorities. It alleged that the show‑cause notice was only uploaded on the department portal and not served by at least two modes as required under Section 169 of the CGST/BGST Act, 2017, violating natural justice. The court noted that prior decisions, particularly M/s. Shree Shyam Trading Co. v. Union of India (CWJC No.5661 of 2025), held that mere portal upload is insufficient notice. Finding that the notice was not properly served, the court held the cancellation order to be an ex‑parte, non‑speaking order and set it aside. The court also directed the department to issue a corrigendum and to comply with Sections 169 and 75(4) before taking any fresh action. The writ application was allowed in the reliefs sought.

Issues considered

  • Whether the show‑cause notice uploaded only on the common portal satisfies the notice requirement under Section 169 of the CGST/BGST Act, 2017.
  • Whether the cancellation of GST registration without proper service of notice violates the principles of natural justice.
  • Whether the appellate authority erred in dismissing the petitioner's appeal on the ground of limitation without addressing the procedural defect in the cancellation order.

Legislation cited

Subjects

  • GST registration
  • show cause notice
  • natural justice
  • Section 169 CGST Act
  • ex‑parte order
  • certiorari
  • mandamus
  • limitation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.945 of 2026
                 ======================================================
                 M/S Samadhan Seva Samiti having its Registered Office at- I.D/2016,ID/206,
                 G.D Mishra Path, New Patliputra Colony, Patna, through its Secretary, Mr.
                 Atul Shrestha, aged about 54 years, S/o Murari Mohan Prasad Diwan.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The Union of India through the Secretary, Ministry of Finance, Department
                 of Revenue, having its office at Room No. 46, North Block, P.O. and P.S.
                 North Block, New Delhi- 110001.
           2.    The Commissioner, Central GST and Central Excise, Patna- II.
           3.    The State of Bihar through Commissioner, BGST, Kar Bhawan, Patna.
           4.    The Joint Commissioner of State Tax, Patna Central Division, District-
                 Patna.
           5.    Assistant Commissioner of State Tax, Patna Central Division, District-
                 Patna.
           6.    Additional Commissioner (Appeal), Patna West Division, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :      Mr.Anurag Saurav, Advocate
                                                    Mr. Abhishek Kumar, Advocate
                 For the State               :      Mr. Vivek Prasad, GP-7
                                                    Mr. Sanjay Kumar, AC to GP-7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3   23-06-2026                   Heard learned counsel for the petitioner and learned

                   GP-7 for the State.

                                 2. Petitioner in the present writ application is

                   seeking the following reliefs:-

                                        "i. For Issuance of Writ in the nature of Certiorari
                                        for setting aside order dated 25.07.2025 passed by
                                        Additional Commissioner (Appeal), Patna West
Patna High Court CWJC No.945 of 2026(3) dt.23-06-2026
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                          Division,      Patna     in   Appeal        Case     No.     :
                          AD100723003083W whereby and where under the
                          Appellate Authority dismissed the appeal filed by
                          the petitioner on the ground of limitation.
                          ii. For Issuance of an appropriate writ/ order/
                          direction for setting aside order bearing reference
                          no. ZA100921095672K Dated: 23.09.2021, passed
                          by Joint Commissioner of State Tax, Patna Central
                          Division,     Patna,    whereby      and     where      under
                          respondent      authority     proceeded      ex-parte      and
                          without providing an opportunity of hearing to the
                          petitioner Cancelled the GST Registration of the
                          petitioner, Whereas there is no pending tax amount
                          against the petitioner and Impugned Order does not
                          state   about     the    reason     for    cancellation     of
                          Registration and the said order is a non speaking
                          order passed in cryptic manner.
                          iii. For Issuance of Writ in the nature of Mandamus
                          directing the respondent authority to restore the
                          GST Registration of the Petitioner after revocation
                          of cancellation of registration with immediate
                          effect, as the petitioner had already furnished the
                          pending returns of previous years and further
                          undertake to filed any Pending Return or make
                          payment of any pending tax, if any, assessed by
                          respondent authority within Fifteen Days from the
                          date of the Order of this Hon'ble Court.
                          iv. For issuance of an appropriate Writ(s), order(s),
                          and/or direction(s), as Your Lordships may deem fit
                          and proper in the facts and circumstances of this
                          case in the interest of justice."
                      3. It is the case of the petitioner that it is a Society
Patna High Court CWJC No.945 of 2026(3) dt.23-06-2026
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          registered under Society Registration Act, 1860 and is having

          its offices for the gain in the State of Bihar. The petitioner has

          obtained registration under the Bihar Goods and Service Tax

          Act, 2017 (hereinafter referred to as the 'BGST Act, 2017').

          The petitioner claims to have furnished the annual as well as

          monthly returns through the Accountant. However, due to

          some personal health issues, there was some delay in filing of

          the quarterly return i.e. GSTR-3B and GSTR-1.

                      4. It is the case of the petitioner that the respondent

          issued a show cause notice in form GST-REG-17/31 to the

          petitioner by uploading a show cause notice on the web portal

          of the department and the petitioner was directed to submit

          show cause reply within a period of seven days, failing which

          the registration of the petitioner was liable to be cancelled.

                      5. Learned counsel submits that the show cause

          notice was not sent to the petitioner on its e-mail or the

          official address and the same was uploaded by the respondent

          authorities only on the web portal of the department.

                      6. This writ application was taken up for

          consideration on 23.04.2026. After briefly taking note of the

          contentions of learned counsel for the petitioner, this Court

          directed learned GP-7 to file counter affidavit on behalf of the
Patna High Court CWJC No.945 of 2026(3) dt.23-06-2026
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          respondent nos.3 to 6 and the matter was ordered to be listed

          after four weeks.

                      7. Today, Mr. Vivek Prasad, learned GP-7 submits

          that he has not filed counter affidavit but has sought

          instruction from the department. It is an admitted position that

          in this case the notice to show cause was uploaded on the

          common portal under the heading "Additional Document and

          Order." Learned counsel submits that although Section 169 of

          the CGST/BGST Act, 2017 talks of notice by uploading the

          same on the common portal, but the Hon'ble Division Bench

          of this Court has consistently held that the notice uploaded

          under the heading "Additional Notice and Order" would not

          be a sufficient compliance with the principles of natural

          justice. Referring to the judgment of this Court in the case of

          M/s. Shree Shyam Trading Co. vs. The Union of India &

          Others decided on 09.07.2025 (CWJC No.5661 of 2025),

          learned counsel submits that this Court has held that merely

          uploading the notice on a Portal would not suffice. It is

          mandatory on the part of the official respondents to comply

          minimum two modes mentioned in Section 169 of the

          CGST/BGST Act, 2017.

                      8. Learned GP-7 admits that the judgment of this
Patna High Court CWJC No.945 of 2026(3) dt.23-06-2026
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          Court in the case of M/s. Shree Shyam Trading Co. (supra)

          has been followed in the subsequent cases and that this

          judgment has attained finality.

                      9. Having regard to the submissions advanced on

          behalf of the respondent Department, finding that there is an

          admission that the notice to show cause was not served by at

          least two modes upon the petitioner, we find that the

          petitioner has made out a case of violation of principles of

          natural justice and non-compliance with the mandatory

          requirement under Section 169 of the CGST/BGST Act, 2017

          as has been held by the Hon'ble Division Bench of this Court.

                      10. In such circumstance, the order for cancellation

          of registration of the petitioner (Annexure-P/4 to the writ

          application) suffers from the vice of the non-compliance with

          the principles of natural justice. We find that the learned

          Appellate Authority has dismissed the appeal on the ground of

          limitation but without appreciating that the order of

          cancellation of the registration was an ex-parte order as the

          petitioner had no opportunity to comply with the notice to

          show cause.

                      11. Before we part with this order, it is placed on the

          record that Annexure-P/4 gives an impression that the
Patna High Court CWJC No.945 of 2026(3) dt.23-06-2026
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          petitioner had given a reply dated 19.08.2021 in response to

          the show cause dated 10.08.2021.

                      12. Mr. Vivek Prasad, learned GP-7 has stated that

          the said statement is incorrectly contained in the format of the

          order of the department, therefore, the department has

          corrected its format later on.

                      13. We record our displeasure on the manner in

          which the department is using a pre-written format of the

          order for cancellation of registration. This takes away the very

          sanctity of the order (Annexure-P/4). The department is

          directed to issue corrigendum to all such communications

          wherever this format has been used. Non-compliance with

          this would be viewed seriously.

                      14. Let this order be communicated to the

          Commissioner, Goods and Services State Tax (respondent

          no.3).

                      15. Setting aside of the impugned order (Annexure-

          P/4) on the ground stated hereinabove shall not come in the

          way of the respondents in taking up the matter afresh and

          passing of a reasoned order, if so advised, after compliances

          with the requirements of Section 169 and Section 75(4) of the

          CGST/BGST Act, 2017.
           Patna High Court CWJC No.945 of 2026(3) dt.23-06-2026
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                                 16. This writ application is allowed to the extent

                     indicated hereinabove.



                                          (Rajeev Ranjan Prasad, J)


                                                ( Kumar Manish, J)
arvind/-

U


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