Authority: High Court at Calcutta, Constitutional Writ Jurisdiction
Order Date: 08 July 2026
Case Overview
- Parties: Ganit Shipping (OPC) Private Limited & Anr. (Petitioners) vs. State of West Bengal & Others (Respondents).
- Nature of Proceeding: Writ petition (WPA 11985 of 2026) challenging the cancellation order dated 6 March 2025 issued under the West Bengal Goods and Services Tax (WBGST) / Central GST (CGST) Act, 2017.
- Grounds of Cancellation: Non‑furnishing of returns under Section 39 of the Act; no allegation of tax evasion was made by the respondents.
- Petitioner’s Position: Willing to resume business, file all outstanding returns and pay the applicable tax, interest, penalty and fine.
- Court’s Observations: Cancellation would be counter‑productive, hinder revenue recovery as the petitioner could not raise invoices; therefore a pragmatic approach is required.
Final Outcome
- The cancellation order dated 6 March 2025 is set aside, subject to the petitioner filing returns for the entire default period and paying the requisite tax, interest, penalty and fine.
- Compliance Timeline: Petitioner must comply within four weeks from receipt of the server copy of this order.
- Portal Activation: Respondents must activate the petitioner’s GST portal and login credentials within one week to enable filing.
- Restoration of Registration: Upon compliance, the petitioner’s registration under the Act shall be restored by the Jurisdictional Officer.
- Failure to Comply: If the petitioner does not comply, the benefit of this order will not ensue and the writ petition will stand automatically dismissed.
- The order is disposed of, and parties shall act on the basis of the server copy downloaded from the official court website.
- An urgent photostat certified copy of the order can be obtained upon compliance with requisite formalities.
Topics: GST Registration, Legal Relief, Tax Compliance