Bishwajit Sharma v. the Union of India and Ors.

Gauhati HC4 Feb 2026WP(C)/588/2026

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/588/2026; Soumitra Saikia, J.; decided 05.02.2026; GST Act, 2017; CGST; SGST; cancellation of GST registration; show cause notice 15/01/2023; non-filing of returns for six months; COVID-19 lockdown; revocation application time-barred; restoration of registration upon payment of statutory dues; Co-ordinate Bench parity; W.P(C) No. 6175/2022; W.P(C) No. 576/2023; Superintendent CGST Guwahati; imitation jewellery trader; writ petition disposed of without costs.

What did the court decide?

Cancellation order dated 16/02/2023 set aside; Respondent No. 4 to intimate outstanding statutory dues till date of cancellation, and upon the petitioner's deposit thereof, the respondent authority to revoke the cancellation and restore the GST registration; no order as to costs. ¶¶33

Bishwajit Sharma Vs the Union of India and Ors. — GST and Indirect Tax | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the cancellation of the petitioner's GST registration by order dated 16/02/2023 should be interfered with and set aside, with revocation/restoration conditioned on payment of outstanding statutory dues. +1 more

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Court's answer

Since similar orders have been passed by this Court and other Co-ordinate Benches, it serves no purpose to keep the petition pending; the writ petition is disposed of in terms of the orders in W.P(C) No. 6175/2022, W.P(C) No. 576/2023 and ors.

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Ratio / Principle

Keeping the petitioner outside the GST regime would result in statutory dues not being deposited, contrary to the interest of revenue; therefore the departmental authorities must re-consider the petitioner's prayer for revocation of cancellation of GST registration so that his statutory tax obligations are complied with.

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Key takeaways

The impugned order dated 16/02/2023 is interfered with and set aside.ratio¶¶32
Respondent No. 4, namely Superintendent of Central Goods & Services Tax, Guwahati, is directed to intimate to the petitioner the total outstanding statutory dues, if any, standing in his name till the date of cancellation of his GST registration, and any such dues are to be deposited by the petitioner without fail.ratio¶¶32
Upon payment of the statutory dues under GST, the respondent authority will pass appropriate orders and revoke the cancellation by restoring the GST registration of the petitioner.

Detailed headnote1 paragraphs

GST registration -- cancellation for non-filing of returns for six continuous months (personal difficulties and COVID-19 lockdown) -- revocation application time-barred -- petitioner, an imitation jewellery trader registered since 01/12/2018 under the GST Act, 2017, challenged cancellation order dated 16/02/2023 (Ref. ZA180223017806N) -- Gauhati High Court (Soumitra Saikia, J.), noting that retention outside the GST regime would deprive the Union of statutory dues and adopting parity with Co-ordinate Bench orders in W.P(C) No. 6175/2022 and W.P(C) No. 576/2023, set aside the impugned cancellation and directed the Superintendent, CGST, Guwahati (respondent No. 4) to intimate total outstanding statutory dues till the date of cancellation; upon deposit thereof the authority to revoke the cancellation and restore registration -- writ petition disposed of, no costs.

Page No.# 1/4

GAHC010021112026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/588/2026

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BISHWAJIT SHARMA

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S/O- LAKSHMI NATH SHARMA , R/O- H.NO-10, NARENGI SATGAON ROAD, NEHRU NAGAR, KALITAKUCHI, SATGAON, PIN-781027, ASSAM

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VERSUS

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THE UNION OF INDIA AND ORS

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REP. BY THE SECRETARY TO THE GOVT OF INDIA, DEPARTMENT OF FINANCE, NEW DELHI -01

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2:THE PRINCIPAL COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX GST BHAWAN KEDAR ROAD GUWAHATI-01 ASSAM

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3:THE ASSISTANT COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX GUWAHATI ASSAM

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4:THE SUPERINTENDENT CENTRAL GOODS AND SERVICE TAX GUWAHATI ASSA

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Advocate for the Petitioner : M AGARWAL, U AGARWAL,MR S K AGARWAL

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Advocate for the Respondent : DY.S.G.I., SC, CGST

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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05.02.2026

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Heard Mr. S. K. Agarwal, learned counsel for the writ petitioner. Also heard Ms. M. Deka, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, GST, for the respondents.

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2 . The petitioner is a businessman engaged in the business of Imitation Jwellery business. The petitioner is an assessee under the GST Act, 2017 and has GST Registration with effect from 01/12/2018 being Registration No. 18BOFPS5559L1Z4.

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3. Pursuant to being registered under the GST Act, the petitioner has been regularly submitting his GST returns. However, due to several personal problems and also due to the COVID19 Pandemic situation and lockdown throughout the entire country, his GST returns could not be submitted for a continuous period of 6 (six) months. On 15/01/2023, respondent No. 4 issued a Show cause notice on the petitioner to show cause as to why the GST registration should not be cancelled for not filing the returns for a continuous period of 6 months. The reply was directed to be submitted within 30 days from the date of service of notice.

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4. It is submitted by the learned counsel for the petitioner that by order dated 16/02/2023 under reference No. ZA180223017806N, the GST registration of the petitioner was cancelled. The effective date of cancellation was 16/02/2023. The petitioner tried to file an application for revocation application, however same could not be filed as the time limit prescribed for filing of revocation application was elapsed. The learned counsel for the petitioner refers

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Page No.# 3/4

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to various orders passed by the Co-ordinate Benches too, whereby this Court had passed orders for restoration of the GST registration.

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5. Ms. M. Deka, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, GST, for the respondents submits that the order of the appellate authority has not been placed by the petitioner. She however does not dispute the position that orders have been passed by the Co-ordinate Benches directing the restoration of GST Registration upon complete payment of all dues, if any.

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6. The learned counsels for the parties have been heard. Pleadings on record have also been perused.

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7. The petitioner is a businessman engaged in the business of Imitation Jewellery business. Under the GST regime, the petitioner was required to pay the necessary dues under the CGST or SGST as the case may be or both. These statutory dues are required to be paid by all entities who are registered under the GST regime. Such payments of statutory due(s) contribute towards the revenue collection by the Union. If the petitioner is not included within the GST regime, then any statutory dues that may be required to be deposited by the petitioner will not be deposited and which will not be in the interest of the revenue. Therefore, in order that the petitioner is required to comply with his statutory obligations of payment of taxes under the GST regime, it would be necessary for the departmental authorities to re-consider the prayer of the petitioner for revocation of his cancellation of GST registration.

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8. It is submitted at the bar that there are several orders passed by this Court as well as by other Co-ordinate Benches in similar matters whereby the matters have been disposed of with a direction to the respondent authority to revoke the cancellation of registration upon due payment of all statutory dues

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Page No.# 4/4

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payable by the petitioners. In some matters as in the present proceedings, the assessee had approached the statutory appellate authority for redressal of their grievances which however was rejected by the appellate authority. This Court is therefore of the view that since similar such orders have been passed by this Court as well as other Co-ordinate Benches, it will serve no purpose to keep the present writ petition pending. This present writ petition can also be disposed of in terms of similar orders as had been done by the orders passed in W.P(C) No. 6175/2022, W.P(C) No. 576/2023 and ors.

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9. Accordingly, the impugned order dated 16/02/2023 is hereby interfered with and set aside. It is directed that the Respondent No. 4, namely Superintendent of Central Goods & Services Tax, Guwahati will intimate the petitioner the total outstanding statutory dues, if any, standing in the name of the petitioner till the date of cancellation of his GST registration. Upon such intimation, if any such outstanding statutory dues under GST are required to be paid, the same shall be deposited by the petitioner without fail. Upon such payment of statutory dues under the GST by the petitioner, the respondent authority will pass appropriate orders and revoke the cancellation by restoring the GST registration of the petitioner.

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10. Accordingly, the writ petition stand disposed of. No order as to costs.

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JUDGE

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Bishwajit Sharma v. the Union of India and Ors.

Case brief

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Bishwajit Sharma v. the Union of India and Ors.

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