High Court · 2025

W.P.No.47948 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 09.12.2025CORAM : THE HONOURABLE MR.JUSTICE C.SARAVANANW.P.No.4 7948 of 2025 andW.M.P.No.53543 of 2025K.Naveen PrasanthProprietor of M/s.Weaver Birds Construction Service India Pvt LtdSiruvani Main Road,SF.No.157/1, Kalampalayam,Coimbatore – 641 010. ... Petitioner Vs.The Superintendent,Velandipalayam, Coimbatore IIID,Dr.Balasundaram Chettiar Road,Coimbatore – 641 020. ... RespondentPrayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in Reference Number:ZA330224096275L, dated 18.02.2024 and to quash the same as illegal, arbitrary, against the principles of natural justice and further direct the respondent to restore and active the Petitioner’s GSTN registration No.33AACCW3442M1Z8. ____________Page No. 1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.47948 of 2025For Petitioner: Mr.R.Chakkaravarthy For Respondent: Mr.Rajendran Raghavan Senior Standing Counsel ORDERMr.Rajendran Raghavan, learned Senior Standing Counsel takes notice for the Respondent.2. This Writ Petition is being disposed of at the time of admission with the consent of the learned counsel for the Petitioner and the learned Senior Standing Counsel for the Respondent. 3. The Petitioner is before this Court against the impugned order dated 18.02.2024, whereby the Petitioner’s GST registration has been cancelled with effect from 01.04.2023. The impugned order which preceded a Notice in Form GST REG – 17/31, wherein, it has been stated as under:-Whereas on the basis of information which has come to my notice, it appears that your registration is liable to be cancelled for the following reasons:1.returns furnished by you under Section 39 of the Central Goods and Services Tax Act, 2017. 4. The Petitioner failed to reply to the above notice and thus registration has been cancelled. ____________Page No. 2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.47948 of 20255. Prima facie, cancellation of registration for the reasons stated above appears to be incorrect as the registration cannot be cancelled for filing of the returns under Section 39 of the CGST Act, 2017. 6. The Petitioner can be arrears of tax for the period prior to the registration, the issue is squarely 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.228. These 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 ____________Page No. 3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.47948 of 2025lapses 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. 229. In 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.____________Page No. 4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.47948 of 2025v.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.”____________Page No. 5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.47948 of 20257. The above said order will hold good to the present Writ Petition also. Accordingly, this Writ Petition stands disposed of in terms of the directions contained in Tvl.Suguna Cut Piece Center case (referred to supra). No costs. Connected Writ Miscellaneous Petition is closed.09.12.2025Neutral Citation : Yes / NojasTo:The Superintendent,Velandipalayam, Coimbatore IIID,Dr.Balasundaram Chettiar Road,Coimbatore – 641 020. ____________Page No. 6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.47948 of 2025C.SARAVANAN, J.jasW.P.No.4 7948 of 2025 andW.M.P.No.53543 of 202509.12.2025____________Page No. 7 of 7