Juzer Saifuddin Bharmal v. The Assistant Commissioner of Chennai Central

ORDER The Petitioner is before this Court against the impugned Order bearing Ref.No.ZA3312230564312 dated 14.12.2023 whereby the Petitioner's GST Registration has been cancelled, as the Petitioner failed to respond to the Show Cause Notice in Form GST REG-17/31 dated

13.11.2023.

¶2By the impugned Order, the Petitioner's GST Registration has been cancelled with effect from 13.11.2023. However, the Petitioner failed to respond to the Show Cause Notice in Form GST REG-17/31 dated

13.11.2023, this Writ Petition has been filed by the Petitioner long after the cancellation of GST Registration.

¶3Be that as it may, the issue is prima facie covered by the decision of this Court in Tvl.Suguna Cut Piece Center, Represented by its Authorized Signatory Vs. The Appellate Deputy Commissioner (ST)

(GST), Salem and another, (2022) 99 GSTR 386 wherein, in Paragraph Nos.227 to 229, this Court has observed as under:- "227. This is a fit case for exercising the power under Article 226 of the Constitution of India in favour of the petitioners by quashing the impugned orders and to grant consequential relief to the petitioners. By doing so, the Court is effectuating the object under the GST enactment of levying and collecting just tax from every assessee who either supplies goods or service. Legitimate Trade and Commerce by every supplier should be allowed to be carried on subject to payment of tax and statutory compliance. Therefore, the impugned orders deserve to be quashed.

¶228These petitioners deserve a chance and therefore should be allowed to revive their registration so that they can proceed to regularize the defaults. The authorities acting under the Act may impose penalty with the gravity of lapses committed by these petitioners by issuing notice. If required, the Central Government and the State Government may also suitably amend the Rules to levy penalty so that it acts as a deterrent on others from adopting casual approach.

¶229In 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 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 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. 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."

¶4The above said order will hold good to the present Writ Petition also. Accordingly, this Writ Petition is liable to be disposed of in terms of the directions contained in Tvl.Suguna Cut Piece Center case (referred to supra).

¶5Further, it is noticed that the Petitioner's GST Registration has been cancelled as early as 14.12.2023. It is quite possible that the Petitioner may have carried on business and not paid the tax thereafter.

¶6Therefore, this Writ Petition stands disposed of in terms of the aforesaid decision and with a direction to the Respondents to initiate appropriate proceedings for recovering the tax due for the tax period subsequent to the cancellation of GST Registration with effect from

13.11.2023. No costs. Connected Writ Miscellaneous Petitions are closed.

12.02.2026

arb To:

1.The Assistant Commissioner of Chennai Central, CBIC, Zone – Chennai, Commissionerate-Chennai South Division, Thyagaraya Nagar, Range-Range IV, No.692, First Floor, MHU Complex, Anna Salai, Nandanam, Chennai – 600 035.

2.Superintendent-Chennai Central, Zone Central-III, Circle-Anna Salai, MHU Complex, No.692, Anna Salai, Nandanam, Chennai – 600 035.

C.SARAVANAN, J. arb and W.M.P.Nos.5819 and 5822 of 2026

12.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2026 CORAM : THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.5819 and 5822 of 2026 Juzer Saifuddin Bharmal … Petitioner Vs. 1.The Assistant Commissioner of Chennai Central, CBIC, Zone – Chennai, Commissionerate-Chennai South Division, Thyagaraya Nagar, Range-Range IV, No.692, First Floor, MHU Complex, Anna Salai, Nandanam, Chennai – 600 035. 2.Superintendent-Chennai Central, Zone Central-III, Circle-Anna Salai, MHU Complex, No.692, Anna Salai, Nandanam, Chennai – 600 035. … Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records, relating to the Impugned Order in Reference Number: ZA3312230564312 dated 14.12.2023 passed by the 2nd Respondent and quash the same and consequently direct the 2nd Respondent to revoke the cancellation of GST Registration of the Petitioner. For Petitioner : Mr.Gautham Ram Vittal For Respondents : Mrs.Revathi Manivannan Senior Standing Counsel