Case Details: Kshema Wind Farm Services Versus Assistant Commissioner of State Tax (2025) 27 Centax 316 (Mad.)
Judiciary and Counsel Details
- G.K. ILanthiraiyan, J.
- Shri G. Natarajan for the Petitioner.
- Shri J.K. Jeyaseelan, Govt. Adv. for the Respondent.
Facts of the Case
The petitioner, a registered GST assessee, approached the Hon’ble Madras High Court challenging the cancellation of GST registration. It was submitted that returns had been filed, and the applicable taxes were duly paid. Additionally, readiness was expressed to clear any outstanding tax dues along with interest, late fees, and penalties as required under the CGST Act, 2017. Alleging arbitrariness and violation of natural justice in the cancellation order, reliance was placed on judicial precedents to seek reinstatement of registration, subject to compliance with necessary conditions.
High Court Held
The Hon’ble Madras High Court held that the matter was covered by the ruling in Tvl. Suguna Cutpiece Center v. Appellate Deputy Commissioner (ST) (GST) & Others, where similar circumstances warranted the revocation of registration upon compliance with prescribed conditions. The assessee was directed to file all pending returns for the period preceding cancellation, settle outstanding tax liabilities along with interest and penalties, and ensure payments were made in cash without adjusting against Input Tax Credit. Upon meeting these conditions, the GST registration was to be restored.
List of Cases Cited
- Tvl. Suguna Cutpiece Center v. Appellate Deputy Commissioner — (ST) (GST) 2022 (61) G.S.T.L. 515 (Mad.) — Followed [Para 6]
