Subramanian S v. The Assistant Commissioner (St)

[Cites 1, Cited by 0] Madras High Court Subramanian S vs The Assistant Commissioner (St) on 20 August, 2026 Author: C. Saravanan Bench: C. Saravanan W.P(MD)No.24093 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2026 CORAM THE HONOURABLE MR.JUSTICE C. SARAVANAN W.P(MD)No.24093 of 2026 S.Subramanian ... Petitioner Vs The Assistant Commissioner (ST), Tuticorin – III Assessment Circle, Tuticorin. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the respondent vide order in Form GST REG-19 dated 16.12.2025 and quash the same as it is illegal and unjustified and further direct the respondent to revoke the cancellation of the Registration Certificate under the GST Act bearing GSTIN/UIN: 33JODPS6734B1ZW. For Petitioner : Mr.A.Satheesh Murugan For Respondent : Ms.P.Sudarkodinachiar Government Advocate (Taxes) 1/6 https://www.mhc.tn.gov.in/judis  W.P(MD)No.24093 of 2026 ORDER This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner and learned Government Advocate (Taxes) for the respondent. 2.The petitioner has challenged the impugned order dated 16.12.2025 bearing reference in Form GST REG-19, cancelling GST registration of the petitioner with effect from 31.10.2025. 3.The learned counsel for the petitioner as well as the learned Government Advocate (Taxes) for the respondent submit that the issue is squarely covered by decision rendered by this Court in the case of Tvl.Suguna Cutpiece Center Vs. Appellate Deputy Commissioner (ST) (GST) and others, in W.P.Nos.25048, 25877, 12738 of 2021 and etc., batch (decided on 31.01.2022), wherein this Court had ordered as follows: https://www.mhc.tn.gov.in/judis 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 and etc. batch 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. v. 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 https://www.mhc.tn.gov.in/judis 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 and etc. batch 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. xi. No cost. xii.Consequently, connected Miscellaneous Petitions are closed.” 4.Under these circumstances, the impugned order, dated 16.12.2025 passed by the respondent is set aside and the respondent is directed to restore the GST registration subject to the petitioner complying with the conditions imposed in Tvl.Suguna Cutpiece Center’s case (cited supra). https://www.mhc.tn.gov.in/judis 5.This Writ Petition is disposed of, with the above observations. No costs. 20.08.2026 NCC : Yes / No Index : Yes / No ps To The Assistant Commissioner (ST), Tuticorin – III Assessment Circle, Tuticorin. https://www.mhc.tn.gov.in/judis C. SARAVANAN, J. ps 20.08.2026 https://www.mhc.tn.gov.in/judis