Case Details: Arup Sarkar vs. State of West Bengal - [2026] 185 taxmann.com 506 (Calcutta)
Judiciary and Counsel Details
- Raja Basu Chowdhury, J.
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Bikramaditya Ghosh, Rajeev Parik, Mayank Bhandari, Ms Ved Rai, Debojyoti Basak & Vivek Saha for the Petitioner.
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Pretom Das & Bikash Singha for the Respondent.
Facts of the Case
The petitioner challenged the cancellation of his GST registration, which had been effected solely on the ground of non-filing of returns. It was submitted that due to such cancellation, the petitioner was effectively barred from carrying on his business operations, as he could neither issue tax invoices nor undertake regular commercial activities. The petitioner emphasised that there was no allegation from the department regarding any tax evasion, fraud, or adoption of dubious practices, and that the cancellation was causing severe financial hardship while also adversely impacting overall tax collection. The matter was accordingly placed before the High Court.
High Court Held
The High Court held that the power of cancellation of registration must be exercised judiciously and not in a mechanical manner as per Section 29, read with Section 30 of the CGST Act and West Bengal GST Act. It was observed that where the default is limited to non-filing of returns, and there is no allegation of tax evasion, cancellation of registration would be counterproductive, as it prevents the assessee from carrying on business and consequently affects the flow of revenue to the exchequer. The Court emphasised the need for a pragmatic approach and relied on earlier judicial precedent to hold that restoration of registration should be permitted in such cases. Accordingly, the impugned cancellation order was set aside, and the authorities were directed to restore the registration, subject to the condition that the petitioner file all pending returns and discharge the entire tax liability, including applicable interest, fines, and penalties, within the stipulated time frame.
List of Cases Reviewed
- Subhankar Golder v. Asstt. CST [2024] 163 taxmann.com 99/104 GST 382/87 GSTL 88 (Cal) (Para 6) followed
List of Cases Referred to
- Subhankar Golder v. Asstt. CST [2024] 163 taxmann.com 99/104 GST 382/87 GSTL 88 (Cal) (para 6).
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