Mukesh Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1417 of 2023 ====================================================== Mukesh Kumar Son of Sri Mangal Singh, Resident of Adarsh Nagar, P.S. Adarsh Nagar Buxar, District - Buxar.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Finance, Government of India, New Delhi.

2.

The Principal Chief Commissioner, CGST, Central Revenue Building, Birchand Patel Path, Patna.

3.

The State of Bihar through the Commissioner, Department of State Taxes, Government of Bihar, Patna.

4.

The Deputy Commissioner of State Taxes, Buxar Circle, Buxar, District Buxar.

5.

The Assistant Commissioner of State Taxes, Buxar Circle, Buxar, District - Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar, Advocate For the Respondent/s :

Dr. K.N. Singh, Additional Solicitor General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-04-2023

1. The petitioner is aggrieved with the cancellation of registration by Annexure-1 order dated 14.10.2019. Insofar as the Bihar Goods and Services Tax Act is concerned, now there is no Tribunal constituted for the State.

2. In such circumstances, we have looked at the order at Annexure-1, especially since the learned counsel for the petitioner has argued that it is a non-speaking order. We see from the order that there

2/4 is no reason stated as to why the cancellation was ordered and not even the subject of the notice is referred to in the order.

3. It is the submission of the learned counsel for the State that the form GST REG-19 has been adopted by the Assessing Officer.

4. We extract form GST REG-19:-

5. As we see from the Bihar Goods and Services Taxes Rules, 2017, GST REG-19 has a specific column where reasons have to be assigned. However, the Assessing Officer seems to be laboring under the belief that when an assessee does not appear or an objection is not filed, no reasons have to be assigned.

3/4

6. We cannot countenance the said order, especially when there is absolutely no reason stated regarding the cancellation of registration.

7. We also notice the judgment of another hon'ble Division Bench of this Court passed in Manoj Kumar Sah versus The State of Bihar and Anr. in C.W.J.C. No. 18307 of 2022 wherein it has been stated so:- " It cannot be disputed that with the passing of the said order, petitioner is liable to both civil and penal consequences. To say the least, the authority ought to have at least referred to the contents of the show cause and the response thereto, which was not done. Not only the order is non-speaking, but cryptic in nature and the reason of cancellation not decipherable therefrom. Principles of natural justice stand violated and the order needs to be quashed as it entails penal and pecuniary consequences. "

8. The impugned order in the instant writ petition also suffers from the very same illegality which has been pointed out by the Division Bench. In such circumstances, we set aside the order at Annexure-1 and direct reconsideration of the issue.

9. In this context, we also notice that notification No. 3 of 2023 has been brought in by the Central Government on the recommendations of the G.S.T. Council wherein if the cancellation has been effected for failure to file returns under clause (b) or clause (c) of Sub-section (2) of Section 29, there is a further period allowed

4/4 up to 30.06.2023, wherein the registered person can apply for invocation of cancellation. This is also subject to the condition that the return should be filed up to the effective date of cancellation of registration and the payment of tax, interest, penalty and late fee in respect of such returns have also been made. The assessee would also be entitled to avail of the said remedy if the cancellation has been effected under clause (b) or clause (c) of Sub-section (2) of Section 29.

10. The writ petition stands allowed.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) sharun/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.04.2023 Transmission Date N/A