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2023 Supreme(Raj) 2288

IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, Praveer Bhatnagar, JJ.
M/s R.K. Jewelers - Petitioner
Versus
The Union of India and ors. - Respondents
D.B. Civil Writ Petition No. 4236 of 2023
Decided On : 26-04-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Prahlad Singh
For the Respondent: Mr. Hemant Dutt, Mr. Kuldeep Vaishnav

Headnote:(A) Goods and Services Tax Act, 2017 - Notification dated 31.03.2023 - Cancellation of GST registration - Petitioner-firm challenged the cancellation on non-filing of GST returns; the appeal was rejected by the Appellate Authority - Court determined that the case fits the criteria set in the notification allowing the petitioner to apply for restoration of GST registration. (Paras 1-5)

(B) Restoration of GST Registration - Authority shall consider the application for restoration in light of the notification expeditiously - Petitioner entitled to claim Input Tax Credit post-restoration. (Paras 4-5)

Table of Content
1. cancellation of gst registration due to non-filing of returns. (Para 1)
2. notification revoking cancellation of gst registration. (Para 2)
3. petitioner may apply for restoration under new notification. (Para 3)
4. writ petition disposed with liberty for application. (Para 4)
5. claims for input tax credit during cancellation period. (Para 5)

ORDER :

Vijay Bishnoi, J.

This writ petition has been filed by the petitioner-firm challenging the order dated 02.02.2022 passed by the respondent No.4, whereby the GST registration of the petitioner-firm has been cancelled on the ground of non-filing of GST return by it. The appeal filed by the petitioner-firm against the said order has also been rejected by the Appellate Authority.

2. During the pendency of this writ petition, the competent authority under the GOODS AND SERVICES TAX ACT , 2017 had issued a notification dated 31.03.2023 and as per the said notification, on the conditions being fulfilled, the cancellation of registration effected on the ground of non-filing of GST return, could be revoked.

3. This Court is of the opinion that the case of the petitioner firm covers with the notification dated 31.03.2023 and the petitioner firm can move an application before the competent authority with a prayer for restoration of its GST registration subject to fulfillment of the conditions mentioned in the said notification.

4. In such circumstances, this writ petition is disposed of with liberty to the petitioner-firm to file application for restoration of its GST registration before the competent authority, which shall consider and decide the application filed by the petitioner-firm in the light of the notification dated 31.03.2023 issued by the competent authority under the GOODS AND SERVICES TAX ACT , 2017 expeditiously.

5. It is made clear that when the competent authority considers the issue of revocation of cancellation of petitioner firm GST registration under the notification dated 31.03.2023, the petitioner-firm, shall be entitled to lodge its claim for availment of Input Tax Credit in respect of the period from the cancellation of the registration till the registration is restored.

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