Case Laws
High Court of PatnaRegistration

Samadhan Seva Samiti v. Union of India

In favour of the assessee

The ruling in brief

Samadhan Seva Samiti succeeded before the Patna High Court (23 June 2026, Civil Writ Jurisdiction Case No. 945 of 2026) where registration was cancelled on the basis of a notice merely uploaded on the GST common portal without service through other prescribed modes, and the cancellation order itself reflected procedural defects. The State fairly admitted that proper service had not been effected on the society. Under Section 29 and Section 169, valid service of show-cause notice and a real hearing are mandatory before registration is cancelled; a unilateral portal upload without proof of receipt cannot substitute for service. Procedural breach vitiated the cancellation. The order was set aside with liberty to the department to proceed afresh after due compliance with service requirements and opportunity of hearing. Outcome: in favour of the assessee. Important for societies on portal-only notices. Not legal advice.

For information only — not legal advice. Read the full judgment and applicable law before relying on this summary.

Provisions considered

CGST S.29CGST S.169
  • CGST S.29 — Cancellation or suspension of GST registration.
  • CGST S.169 — Service of notice in certain circumstances, including portal upload.

Source documents

Similar rulings

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CGST S.29CGST S.169
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CGST S.29CGST S.169
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CGST S.29CGST S.30CGST Rules R.10A
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Sri Nur Alom v. Union of India

Sri Nur Alom challenged before the Gauhati High Court (11 September 2026, WP (C) No. 4971 of 2026) cancellation of GST registration for non-filing of returns and dismissal of his restoration appeal as time-barred, leaving him without a registration needed for ongoing trade. The petitioner undertook to file all pending returns and pay tax, interest and penalty if cancellation were set aside. Writ relief set aside cancellation on condition of filing pending returns within thirty days with requisite payments; limitation under Sections 73(10) and 74(10) was directed to run from the present order except where Section 44 governed annual return timelines. Outcome: in favour of the assessee. Shows writ courts granting compliance-based restoration when appellate forums reject on delay alone. Not legal advice.

CGST S.29CGST S.30CGST S.44
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SRD Groups v. State of Assam

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CGST S.29CGST S.30CGST S.39
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