2024 (10) TMI 1387 - HC - GST

GST registration revocation allowed after insolvency proceedings with conditions to clear outstanding dues

M/s Ramakrishna Housing Private Limited Versus The Assistant Commissioner Of State Tax and Others

The petitioner's GST registration was cancelled for non-filing returns and non-payment of taxes. Following completion of insolvency proceedings, the ... Cancellation of GST Registration of the petitioner - non filing of returns and non payment of taxes - HELD THAT:- In view of the fact that the petitioner company had to undergo the CIRP process under the Insolvency and Penalty Code, certain leeway would have to be granted to the petitioner to bring its business back on the rails. The petitioner shall file an application for revocation of the cancellation of the registration of the petitioner on or before 05.11.2024 - This application for revocation shall be accompanied by the draft returns which the petitioner proposes to file in the event of the registration of the petitioner being restored - In view of the fact that the petitioner company had to undergo the CIRP process under the Insolvency and Penalty Code, certain leeway would have to be granted to the petitioner to bring its business back on the rails. In view of the special circumstances, this Writ Petition is disposed of subject to fulfilment of conditions imposed. The petitioner, a Real Estate Business, had its GST registration cancelled due to non-filing of returns and non-payment of taxes. The petitioner, now out of insolvency proceedings, seeks revocation of cancellation to resume business. The court directs the petitioner to file revocation application, pay remaining taxes by 05.11.2024, and orders the authority to consider the application within 15 days. The order is passed under special circumstances and not a precedent.