Petitioner's Registration Reinstated Under WBGST Act: Must File Returns, Pay Dues in 4 Weeks or Face Dismissal.

The HC set aside the cancellation of the petitioner's registration under the WBGST Act, 2017, contingent upon the petitioner filing returns for the default period and paying the requisite tax, interest, fine, and penalty within four weeks. Failure to comply would result in dismissal. The authorities were directed to reopen the portal to facilitate compliance. The writ application was disposed of without costs, and all parties were instructed to act based on the official order.

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Issues:
Challenge to cancellation of registration under WBGST Act, 2017 due to non-filing of returns.

Analysis:
The petitioner challenged the cancellation of registration under the WBGST Act, 2017, citing failure to file returns for six months. The petitioner expressed willingness to comply with the Act and sought to set aside the cancellation order. The petitioner referred to a previous judgment where a similar cancellation was overturned upon fulfilling certain conditions.

The State argued that the petitioner had not complied with statutory provisions, leading to the cancellation of registration. The authorities maintained that the petitioner was given an opportunity to respond to the show cause notice but failed to do so, justifying the cancellation.

The court noted that the cancellation was based on non-filing of returns and not on tax evasion. Recognizing that suspending the registration would hinder business operations and tax recovery, the court urged a pragmatic approach. The court emphasized the importance of the petitioner filing returns to determine the final liability.

In line with a previous Division Bench directive, the court set aside the cancellation order, contingent on the petitioner filing returns for the default period and paying the necessary tax, interest, fine, and penalty. Failure to comply within four weeks would result in dismissal of the petition. The court directed the authorities to facilitate compliance by opening the portal promptly.

The court disposed of the writ application without costs, instructing all parties to act based on the official copy of the order from the court's website.

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