Facts of the Case
The petitioner, M/s. Sri Devi Granites
Industries, challenged the order dated 20.08.2023 whereby its GST
registration was cancelled suo motu by the State Tax Authorities on account of
continuous non-filing of GST returns for six months. The petitioner contended
that it had been carrying on business for more than twenty years and had
regularly complied with VAT and GST laws. According to the petitioner, it
remained under the bona fide belief that its accountant had been filing the GST
returns. It was also submitted that the business had suffered severely during
the COVID-19 period and, therefore, the petitioner was unaware of the show
cause notice issued before cancellation of registration. The petitioner sought
restoration of the GST registration, undertaking to pay all applicable late
fees and statutory dues.
Issues Involved
- Whether the High Court should exercise its writ jurisdiction to
restore GST registration cancelled for non-filing of returns after a
substantial lapse of time.
- Whether the petitioner had provided sufficient explanation for not
seeking revocation of cancellation or filing an appeal within the
statutory time limits.
- Whether gross and unexplained delay could be condoned while invoking the extraordinary jurisdiction under Article 226 of the Constitution of India.
Petitioner's Arguments
- The petitioner had been conducting business for more than two
decades with regular tax compliance.
- The non-filing of GST returns occurred due to the bona fide belief
that its accountant was filing the returns.
- The COVID-19 pandemic severely affected its business operations.
- The petitioner was unaware of the show cause notice issued prior to
cancellation of registration.
- Restoration of GST registration was essential for continuation of
business.
- The petitioner expressed willingness to pay all pending late fees
and comply with statutory requirements.
- Reliance was placed upon an earlier Telangana High Court decision
in W.P. No. 716 of 2026, wherein similar liberty had been granted
to approach the competent authority for revocation of GST registration.
Respondent's Arguments
The State contended that:
- Although the High Court had granted relief in certain individual
cases after expiry of the statutory period, such relief depended upon the
specific facts of each case.
- The present writ petition suffered from gross and unexplained
delay.
- A person whose GST registration had been cancelled could not
legitimately continue business without valid registration.
- The petitioner failed to demonstrate sufficient cause for approaching
the High Court after such prolonged delay.
- Therefore, the writ petition deserved dismissal.
Court Order / Findings
The Telangana High Court dismissed the writ
petition and declined to interfere with the cancellation order.
The Court observed that:
- The GST registration had been cancelled on 20.08.2023,
whereas the writ petition was filed only on 13.03.2026, after an
inordinate and unexplained delay.
- The CGST Rules prescribe statutory timelines both for revocation of
cancellation of registration and for filing appeals.
- A litigant invoking writ jurisdiction must demonstrate due
diligence and provide a reasonable explanation for delay.
- The petitioner failed to explain why no action was taken for nearly
three years after cancellation of registration.
- The Court held that the petitioner was attempting to revive a stale
cause of action.
- Since the delay struck at the root of the relief sought, the Court
refused to exercise its extraordinary jurisdiction under Article 226 of
the Constitution.
- Accordingly, the writ petition was dismissed without costs.
Important Clarification
This judgment reiterates that:
- GST registration cancellation should be challenged promptly through
the statutory remedies available under the CGST Act and Rules.
- Mere hardship, business loss, or willingness to pay pending dues
does not automatically justify restoration of registration after prolonged
inaction.
- High Courts may refuse relief under Article 226 where there is
gross, unexplained, and unreasonable delay.
- Extraordinary writ jurisdiction is discretionary and cannot
ordinarily be invoked to revive stale claims.
Sections Involved
- Section 39 of the Central Goods and Services Tax Act, 2017
- Section 37(5) of the Central Goods and Services Tax Act, 2017 (as pleaded by the petitioner)
- Relevant Provisions of the CGST Rules relating to Revocation of
Cancellation of Registration
- Article 226 of the Constitution of India
Link to Download the Order
https://www.mytaxexpert.co.in/uploads/1785405064_2409compressed.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment