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2025 Supreme(Gau) 615

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Monoranjan Saikia Represented By One Of The Partner Sri Monoranjan Saikia, Son Of Late Deba Saikia – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR S K AGARWAL, M AGARWAL
For the Respondent: MR. S.C. KEYAL, LEARNED STANDING COUNSEL, CGST

JUDGMENT :

The petitioner has approached this Court by the instant writ petition, preferred under Article 226 of the Constitution of India, on the premise that his GST Registration under the Central Goods and Services Tax [CGST] Act, 2017 has been cancelled by an Order dated 05.02.2024 pursuant to issuance of a Show Cause Notice dated 14.11.2023. The assail is made inter-alia on the grounds that the manner in which the GST Registration has been cancelled is arbitrary and the impugned Order of cancellation has been passed without due application of mind.

2. It is the case of the petitioner that he is a Works Contractor and one of the partner in a partnership firm by name, M/s Monoranjan Saikia. The petitioner got himself registered as partnership firm under the Central Goods and Services Tax [CGST] Act, 2017 [‘the CGST Act’, for short]/State Goods and Services Tax [SGST] Act, 2017 [‘the SGST Act’, for short]. It is stated that when the petitioner applied for registration, the petitioner was issued a Registration Certificate in Form GST REG-06 with Registration no. 18ACUFS5035R1Z1 w.e.f. 18.05.2018.

3. The petitioner was issued the Show Cause Notice on 14.11.2023 by the Proper Officer a

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