Case Details: Shiv Construction vs. State of Bihar (2025) 34 Centax 314 (Pat.)
Judiciary and Counsel Details
- Rajeev Ranjan Prasad & Sourendra Pandey, JJ.
- S/Shri Archana Sinha, Archana Shahi, Sr Adv., Alok Kumar Shahi & Komal Raj, Advs., for the Petitioner
- S/Shri D.V. Pathy, Sr. Adv., Vikash Kumar, Sadashiv Tiwari, Mrs. Prachi Pallavi & Ms Shivani Dewalla, Advs., for the Respondent
Facts of the Case
The petitioner, a partnership firm, submitted that its GST registration had been suspended without notice or opportunity of hearing. The petitioner contended that the suspension violated principles of natural justice, as the respondent authorities had not conducted a due investigation into the petitioner’s complaint regarding unauthorised changes allegedly made based on forged documents. The petitioner requested that the suspension order be quashed and that a fresh opportunity of hearing be provided before any final decision on registration. The matter was accordingly placed before the High Court.
High Court Held
The High Court held that the dispute between the partners of the firm may at best be discussed before the State-respondents to determine whether any action regarding the registration of the partnership firm is required based on the complaint of rival partners. The Court noted that the parties were unanimous that all attempts should be made to save the business and not to adversely affect it. In view of these submissions, the Joint Commissioner was directed to provide fresh opportunities to the parties, if they so desire, to file their responses to the complaint, and after giving them an opportunity of hearing, an appropriate order was to be passed. Until a final decision is taken in the matter, the suspension order shall not be given effect to under Section 29 of the CGST Act and Bihar GST Act.
