Case Laws
High Court of GauhatiRegistration

Sri Nur Alom v. Union of India

In favour of the assessee

The ruling in brief

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.

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

Provisions considered

CGST S.29CGST S.30CGST S.44CGST S.73CGST S.74
  • CGST S.29 — Cancellation or suspension of GST registration.
  • CGST S.30 — Revocation of cancellation of registration.
  • CGST S.44 — Annual return and reconciliation statement.
  • CGST S.73 — Determination of tax not paid or short paid (non-fraud cases).
  • CGST S.74 — Determination of tax not paid or short paid involving fraud or suppression.

Source documents

Similar rulings

High Court of Gauhati

In favour of the assessee

SRD Groups v. State of Assam

SRD Groups succeeded in the Gauhati High Court (7 September 2026, WP(C) No. 4818 of 2026) where GST registration was cancelled for non-filing of returns and failure to respond to the departmental notice, leaving the petitioner unable to carry on lawful business. The writ sought restoration on undertaking to regularize returns. The Court allowed restoration subject to filing all pending returns within thirty days and confirmed continued liability for tax, interest, penalty and late fee under Sections 29, 30, 39, 44, 73 and 74, aligning limitation for demand with the date of the court order where applicable. Outcome: in favour of the assessee on compliance terms. Typical Gauhati restoration template after return-default cancellation under Section 29(2)(c). Editorial summary only; not legal advice.

CGST S.29CGST S.30CGST S.39
High Court of Gauhati

In favour of the assessee

Smt. Jumoni Boruah Phukan v. Union of India

Smt. Jumoni Boruah Phukan filed writ in the Gauhati High Court (12 June 2026, WP(C) No. 3071 of 2026) after cancellation of her GST registration for six months’ continuous non-filing of returns; she cited financial hardship while expressing readiness to comply with the proviso to Rule 22(4) by filing all pending returns and clearing dues. The issue was whether cancellation under Section 29(2)(c) should permanently exclude a bona fide taxpayer willing to cure the default. Applying Sections 30, 44, 73 and Rule 22, the Court granted restoration subject to compliance, directed that fresh limitation periods run from the order, and confirmed full liability for tax, interest, penalty and late fee. Outcome: in favour of the assessee. Aligns with Gauhati line on curing return defaults after Section 29(2)(c) cancellation. Not legal advice.

CGST S.30CGST S.44CGST S.73
High Court of Gauhati

In favour of the assessee

Sri Chongtham Manabandra Singh v. Union of India

Sri Chongtham Manabandra Singh, a proprietorship assessee, filed writ before the Gauhati High Court (10 June 2026, WP (C) No. 3000 of 2026) against cancellation of GST registration for six months’ continuous non-filing of returns and against appellate rejection of his restoration plea. He offered to comply with the proviso to Rule 22(4) by filing pending returns and paying tax, interest, penalty and late fee. The Court permitted restoration on that basis, directed that statutory limitation under Sections 29, 30, 44 and 73 run from the order date, and required the proper officer to consider restoration expeditiously once compliance is shown. Outcome: in favour of the assessee. Follows the Gauhati line treating return default as curable where cancellation is under Section 29(2)(c). Not legal advice.

CGST S.30CGST S.29CGST S.44
High Court of Gauhati

In favour of the assessee; matter remanded

Sri Pankaj Kr Agarwal Alias Pankaj Agarwal v. Union of India

Sri Pankaj Kr Agarwal filed writ in the Gauhati High Court (8 June 2026, WP(C) No. 2932 of 2026) after cancellation of GST registration for six months’ non-filing of returns and inability to complete revocation within the portal timeline. He relied on coordinate bench precedents allowing restoration where the taxpayer cures the default under the proviso to Rule 22(4). Following Rule 22(4) and Sections 30, 44 and 73, the Court allowed restoration upon filing pending returns and clearing tax, interest, penalty and late fee, with Section 73(10) limitation computed from the order except for financial year 2024-25 which remains governed by Section 44. Outcome: assessee-favourable with compliance framework and remand to the proper officer for expeditious processing. Not legal advice.

CGST S.30CGST S.44CGST S.73
High Court of Calcutta

In favour of the assessee; matter remanded

Joydeb Karmakar @ Jaydeb Karmakar v. Union of India

Joydeb Karmakar challenged before the Calcutta High Court (24 September 2026, WPA No. 10299 of 2026) the cancellation of his GST registration for not updating bank details after separating from a joint account, with no allegation of fraud or evasion. The department had treated the stale bank mapping as grounds for cancellation under Section 29 rather than as a correctable registration defect. The issue was whether such an administrative lapse warranted cancellation without a curative opportunity and without examining whether the taxpayer continued to conduct genuine business. The Court treated the defect as rectifiable under Rules 10A and 21 read with Sections 29 and 30, emphasizing that cancellation is a drastic remedy where particulars can be updated on the portal. Cancellation was quashed subject to the assessee proving bona fides, filing pending returns and clearing dues for restoration. Outcome: assessee-favourable with remand and compliance conditions. One opportunity to correct particulars was held warranted where misconduct was not alleged. Editorial summary; not legal advice.

CGST S.29CGST S.30CGST Rules R.10A
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