GST Registration be restored if Assessee files pending returns and pays taxes along with interest and penalty

Last updated: 31 January 2024

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The Guwahati High Court has ruled that a cancelled GST registration can be restored. If an assessee is willing to file all outstanding returns and settle their tax dues, including any applicable interest and penalties, the Revenue Department is empowered to reinstate the registration. This decision follows a case where a business owner's registration was cancelled for failing to file returns for six months.

Court :
Guwahati High Court

Brief :
The Hon'ble Guwahati High Court in the case of Sanjoy Nath v. Union of India [WP No. 6366 of 2023 dated November 29, 2023] disposed of the writ petition, thereby directing the Revenue Department to take necessary steps for restoring the Petitioner's GST registration if the Petitioner is willing to comply with all the requirements stated in the proviso to Rule 22(4) of the Central Goods and Services Tax Rules, 2017 ("the CGST Rules") which includes furnishing of pending returns and payment of taxes along with interest and penalty.

Citation :
WP No. 6366 of 2023 dated November 29, 2023

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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