Madras High Court
Kannan Ponnalagu vs The Superintendent Of Gst And Central ... on 18 October, 2024
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P.(MD).No.24496 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2024
CORAM
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
W.P.(MD).No.24496 of 2024
Kannan Ponnalagu,
Proprietor of M/s.KL Hariharan and Co. ... Petitioner
Vs.
The Superintendent of GST and Central Excise,
Aruppukottai Range,
Madurai Division. ...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records on the file of the respondent in Reference No.ZA330923026651P dated
07.09.2023 and to quash the same as illegal, arbitrary and direct the
respondents to revoke the cancellation of petitioner's GSTN registration No.
33CQXPP2968M1ZR, within such time as may be directed by this Court.
For Petitioner : Mr.S.Karunakar
For Respondent : Mr.R.Gowrishankar
Senior Standing Counsel
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.24496 of 2024
ORDER
The present Writ Petition is filed challenging the order of the cancellation
of the registration of the petitioner on the premise that the statutory returns has
not been filed for a continuous period of six months.
2. At the outset, it is submitted by both the learned counsel for the
petitioner as well as the learned Senior Standing Counsel for the respondent
that the issue stands covered by a series of judgments, commencing with the
decision in Tvl.Suguna Cutpiece Center Vs. Appellate Deputy Commissioner
(ST) (GST) and others, wherein, under identical circumstances, this Court has
directed the revocation of registration subject to conditions.
3. This Court has been consistently following the directions issued in
Tvl.Suguna Cutpiece Center's case. Relevant portion of the order is extracted
hereunder:
“229. In the light of the above discussion, these Writ Petitions are
allowed subject to the following conditions:
i. The petitioners are directed to file their returns for the
period prior to the cancellation of registration, if such
returns have not been already filed, together with tax
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defaulted which has not been paid prior to cancellation
along with interest for such belated payment of tax and fine
and fee fixed for belated filing of returns for the defaulted
period under the provisions of the Act, within a period of
forty five (45) days from the date of receipt of a copy of this
order, if it has not been already paid.
ii. It is made clear that such payment of Tax, Interest, fine /
fee and etc. shall not be allowed to be made or adjusted
from and out of any Input Tax Credit which may be lying
unutilized or unclaimed in the hands of these petitioners.
iii. If any Input Tax Credit has remained utilized, it shall not
be utilised until it is scrutinized and approved by an
appropriate or a competent officer of the Department.
iv. Only such approved Input Tax Credit shall be allowed
for being utilized thereafter for discharging future tax
liability under the Act and Rule.
v. The petitioners shall also pay GST and file the returns for
the period subsequent to the cancellation of the registration
by declaring the correct value of supplies and payment of
GST shall also be in cash.
vi. If any Input Tax Credit was earned, it shall be allowed to
be utilised only after scrutinising and approving by the
respondents or any other competent authority.
vii.The respondents may also impose such restrictions /
limitation on petitioners as may be warranted to ensure that
there is no undue passing of Input Tax Credit pending such
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exercise and to ensure that there is no violation or an
attempt to do bill trading by taking advantage of this order.
viii.On payment of tax, penalty and uploading of returns,
the registration shall stand revived forthwith.
viii. On payment of tax, penalty and uploading of returns,
the registration shall stand revived forthwith.
ix. The respondents shall take suitable steps by instructing
GST Network, New Delhi to make suitable changes in the
architecture of the GST Web portal to allow these
petitioners to file their returns and to pay the
tax/penalty/fine.
x. The above exercise shall be carried out by the
respondents within a period of thirty (30) days from the
date of receipt of a copy of this order.
xi. No cost.
xii.Consequently, connected Miscellaneous Petitions are
closed.”
4. In view thereof, the benefit extended by this Court vide its earlier
order in Suguna Cutpiece Centre's case cited supra, may be extended to the
petitioner.
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5. Accordingly, this Writ Petition is disposed of on the above terms.
There shall be no order as to costs.
18.10.2024
Index : Yes / No
Internet : Yes/ No
Lm
To
The Superintendent of GST and Central Excise,
Aruppukottai Range,
Madurai Division.
https://www.mhc.tn.gov.in/judis
MOHAMMED SHAFFIQ, J.
Lm
18.10.2024
https://www.mhc.tn.gov.in/judis
