Created by Fuzzy Cloud

Patna High Court

Saurav PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to challenge the appellate order under Section 112 of the Bihar GST Act and disposed of the writ petition.

Summary

Petitioner Saurav Patel challenged the cancellation of his GST registration by the Joint Commissioner of State Tax and the dismissal of his appeal on limitation grounds. He sought to set aside both orders and restore his registration. The court granted him liberty to challenge the appellate order under Section 112 of the Bihar Goods and Services Tax Act, 2017. No substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of after granting the procedural liberty.

Issues considered

  • Whether the order cancelling the petitioner’s GST registration can be set aside.
  • Whether the appellate order dismissed on limitation grounds can be challenged under Section 112 of the Bihar GST Act.

Subjects

  • GST registration
  • cancellation
  • limitation
  • Section 112
  • writ petition
  • tax law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9619 of 2025
                 ======================================================
                 Saurav Patel S/o Vijay Kumar, Proprietor of Saurav Enterprises, a proprietary
                 concern having its principal place of business at Block D, Flat No. 402,
                 Patligram, Shahid Bhagat Singh Path, Bajrangpuri, Gulzarbagh, Alamganj,
                 Patna - 800007, P.S. Alamganj, District - Patna, Bihar

                                                                              ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary, Commercial Tax
                 Department, Government of Bihar, Patna
           2.    The Special Commissioner of State Tax (Appeal), Patna East Division,
                 Patna.
           3.    The Joint Commissioner of State Taxes, Patna City West Circle, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Tabish Ahmad, Advocate
                                                 Mr. Shubham Samrat, Advocate
                 For the Respondent/s    :       Mr. Government Pleader (07)
                                                 Mr. Aman Priyadarshi, 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   08-04-2026                   The present writ petition has been filed seeking the

                   following relief(s):-

                                          “i. For setting aside the order dated 23.02.2023
                                    passed by the Joint Commissioner of State Tax Patna
                                    City West, Patna (respondent no. 3) whereby
                                    petitioner's GST Registration bearing Reference No.
                                    ZA1002230744129 has been cancelled.
                                          ii. The petitioner further prays for setting aside
                                    the     order     as     contained    in     ARN       No.
                                    AD100325037294J dated 26.04.2025 passed in
                                    Appeal Case No. GST/PCW-114/2024-25, passed by
                                    Respondent No -2, which has been dismissed on the
                                    ground of limitation only.
                                          iii. The petitioner further prays that after setting
           Patna High Court CWJC No.9619 of 2025(3) dt.08-04-2026
                                                       2/2




                                    aside the aforementioned two orders his GST
                                    registration be restored and he may be allowed to
                                    operate his business.
                                          iv. For any other relief/reliefs for which the
                                    petitioner may be deemed entitled too.”


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

                     seeks liberty on behalf of the petitioner to challenge the

                     appellate order dated 26.04.2025, passed by the learned

                     Additional Commissioner (Appeal), State Tax, Patna East

                     Division, Patna by availing the remedy provided for under

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

                                 3. Liberty so sought is granted.

                                 4. Accordingly, the present writ petition stands

                     disposed of.



                                            (Mohit Kumar Shah, J)


                                              ( Arun Kumar Jha, J)
Ashish/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.