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M/S.Lnam Impex Private Limited vs The Deputy State Tax Officer
2026 Latest Caselaw 763 Tel

Citation : 2026 Latest Caselaw 763 Tel
Judgement Date : 15 April, 2026

[Cites 2, Cited by 0]

Telangana High Court

M/S.Lnam Impex Private Limited vs The Deputy State Tax Officer on 15 April, 2026

         IN THE HIGH COURT FOR THE STATE OF TELANGANA
                         AT HYDERABAD

     THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
                              AND
             THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN

               WRIT PETITION No. 11175 of 2026

                         DATED : 15.04.2026
Between:

M/s. Inam Impex Private Limited
                                                      ... Petitioner
                                   AND

The Deputy State Tax Officer,
Gandhinagar Circle, Hyderabad and three others
                                                    ... Respondents

ORDER:

Sri Shaik Jeelani Basha, learned counsel appears for

petitioner.

Sri Swaroop Oorilla, learned Special Government

Pleader for State Tax appears for respondents.

2. The petitioner's registration was cancelled vide Order

for Cancellation of Registration in FORM GST REG-19 dated

09.09.2024 as invoices were issued without supply of goods or

services in violation of Rule 21(b) of the Central Goods and

Services Tax Rules, 2017/State Goods and Services Tax Rules,

2017 (for short 'the Rules'). The petitioner filed an application 2 HCJ (AKrS, J) & GMM, J

for revocation of cancellation of registration along with delay

condonation application on 24.02.2025 before the Deputy

State Tax Officer. On 27.02.2025, a show cause notice was

issued to the petitioner. Thereafter, on 05.03.2025, an order

was passed rejecting its application for condonation of delay in

filing an application for revocation of cancellation of

registration. The petitioner has preferred the instant Writ

Petition challenging the said order dated 05.03.2025.

3. Learned counsel for the petitioner submits that without

giving adequate opportunity to the petitioner for filing a reply

to the show cause notice, its application has been rejected. If

the matter is remanded to the competent authority, the

petitioner may file its reply and a fresh order may be passed

upon hearing the petitioner. Learned counsel for the

petitioner also submits that the application for revocation of

cancellation of registration was made within the prescribed

period of 270 days from the date of cancellation of

registration. Therefore, rejection of application for cancellation

of registration on the ground of delay is erroneous.

3 HCJ (AKrS, J) & GMM, J

4. Upon hearing the learned counsel for the parties and in

the facts and circumstances noted above, this Court is of the

view that the impugned order dated 05.03.2025 was passed on

the application for condonation of delay in filing revocation

application of cancellation of registration. However, such an

application can be filed before the competent authority within

the period of 270 days as provided under Rule 23 of the Rules.

Therefore, the impugned order dated 05.03.2025 is set aside.

The petitioner shall file its reply to the show cause notice

dated 27.02.2025 before the Joint Commissioner, Gandhi

Nagar, within two (2) weeks. The Joint Commissioner shall

take fresh decision upon its application for revocation of the

order of cancellation within a period of two (2) weeks

thereafter.

5. Learned counsel for the petitioner submits that despite

the liberty granted by this Court in the order dated 31.03.2026

in Writ Petition No.9234 of 2026, the petitioner is unable to

make the pre-deposit in the process of filing appeal due to the

blocking of the electronic credit ledger since 09.09.2024. It is 4 HCJ (AKrS, J) & GMM, J

open to the petitioner to pay the statutory

pre-deposit through electronic cash ledger in terms of Section

49(3) of the Central Goods and Services Tax Act, 2017/State

Goods and Services Tax Act, 2017.

The instant Writ Petition is accordingly disposed of.

There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand

closed.

____________________________ APARESH KUMAR SINGH, CJ

_____________________ G.M.MOHIUDDIN, J 15th APRIL, 2026.

kvni

 
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