Just a moment...
AI-powered research trained on the authentic TaxTMI database.
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
<h1>Cancellation of GST registration for non filing restored conditional on payment; portal reopened for 30 days, default permits re cancellation.</h1> A writ petition under WPA resulted in direction to the state GST authority to restore an entity's cancelled registration subject to payment of outstanding ... Cancellation of registration for non-filing of returns - restoration of registration upon payment of revenue due - temporary reopening of electronic portal for payment - power to cancel restoration on default to pay dues - HELD THAT:- This writ petition being WPA is disposed of by directing the respondent WBGST authority concerned to restore the petitioner’s registration and open the portal for a period of 30 days to enable the petitioner to make the payment of the aforesaid revenue due and if petitioner makes default in making the payment of the aforesaid revenue due within the time stipulated herein, the respondent authority concerned will be free to cancel the restoration of the registration and close the portal. Issues: Whether the petitioner's GST registration, cancelled on the ground of non-filing of return, should be restored subject to payment of outstanding revenue dues.Analysis: The writ petition challenged cancellation of registration for non-filing of return. The WBGST authority provided a written instruction quantifying the revenue due at Rs. 21,69,404/-. The petitioner stated readiness to pay the revenue due. In light of the quantified dues and the petitioner's willingness to make payment, the Court directed restoration of registration and temporary reopening of the portal for a specified period to enable payment, with liberty to the authority to re-cancel if payment is not made within that period.Conclusion: The petition is allowed to the extent that the respondent WBGST authority is directed to restore the petitioner's registration and open the portal for 30 days for payment of Rs. 21,69,404/-, failing which the authority may cancel the restoration and close the portal.Ratio Decidendi: Where cancellation of registration for non-filing is challenged and the revenue due is quantified, registration may be restored subject to the assessee making payment of the outstanding dues within a court-specified period.