Created by Fuzzy Cloud

Bombay High Court

OMBRE PHOTOGRAPHYversusUNION OF INDIA

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the GST authority must decide the petitioner’s registration application within eight weeks, notwithstanding the technical lockout.

Summary

Ombre Photography filed a writ petition alleging that the GST authority (respondent No.5) failed to consider its application for permanent/final GST registration due to alleged technical mismatches with PAN records and a system lockout. The respondents argued that the lockout resulted from standard cyber security protocols and that the local officer could not rectify the portal issue, but that the authority still had jurisdiction to grant registration. The petitioners contended that despite service, respondent No.5 did not appear to address the grievance. The Court allowed the petition, directing respondent No.5 to decide the application within eight weeks of the order. The Court clarified that the order does not prejudice the authority's right to decide the application in accordance with law, and the petition was disposed accordingly.

Issues considered

  • What is the legal duty of the GST authority to process a pending registration application when technical lockout issues arise?
  • Does the petitioner have a right to compel the GST authority to decide the application within a specified time?
  • Does the jurisdiction of respondent No.5 extend to adjudicating the registration despite portal failures?

Subjects

  • GST registration
  • administrative law
  • cyber security lockout
  • jurisdiction
  • writ petition
  • service of notice

Judgment

          Digitally
          signed by
          RUPALI                                                       52-WP-37-2024.doc
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.09.11
          14:15:48
          +0530




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION
                                 WRIT PETITION NO. 37 OF 2024


                 Ombre Photography                             ...Petitioner
                      Versus
                 The Union of India & Ors.                     ...Respondents


                 Ms. Shanmuga a/w Sriram Sridharan i/b Sriram Sridharan for the
                 Petitioner.

                 Ms. Jyoti Chavan, Addl.G.P a/w Mr. Himanshu Takke, A.G.P for the
                 Respondent-State.

                 Ms. Sangita Yadav for the Respondent Nos.1,3 and 4.

                                             CORAM : M. S. KARNIK &
                                                     SANDESH D. PATIL JJ.
                                             DATE : 8th SEPTEMBER, 2026



                 P.C. :


                  1.          The petitioner is making a grievance that the respondent

                  No. 5 is not considering his application for grant of permanent/final

                  GST registration.


  Wakodikar                                                                          1/3
                                                                   52-WP-37-2024.doc




            2.         The learned Counsel appearing for the respondent Nos. 1

            to 4 submitted that due to certain technical difficulties namely that

            the petitioner has submitted certain documents and details which

            mismatched with the PAN records on the portal, the repetitive

            incorrect login attempts led to system lockout as per standard cyber

            security protocol. It is submitted that the local jurisdictional officer

            does not manage portal algorithms or password locks and the

            procedure for rectification was not available with the officers posted

            at that time at the GST office. They submitted that the respondent

            No. 5 has jurisdiction to grant the registration after the online

            attempt failed on the part of the petitioner.



            3.         Inspite of service, none appeared for the respondent No.5.



            4.         In these circumstances, we allow the petition. The

            respondent No. 5 is directed to decide the application of the

            petitioner for registration, as prayed in the present petition, within a


Wakodikar                                                                        2/3
                                                                 52-WP-37-2024.doc


            period of eight weeks from the date of communication of this order.



            5.         We make it clear that passing of this order will not come

            in the way of the respondent No. 5 in deciding the application in

            accordance with law.



            6.         Petition disposed of accordingly.




            (SANDESH D. PATIL, J.)                         (M. S. KARNIK, J.)




Wakodikar                                                                       3/3


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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