Case Details: Blue Moon Cool Systems Versus Assistant Commissioner - (2025) 26 Centax 460 (Mad.)
Judiciary and Counsel Details
- Krishnan Ramasamy, J.
- Shri P. Suresh Babu for the Petitioner.
- Shri G. Nanmaran, Special Govt. Pleader (Taxes) for the Respondent.
Facts of the Case
The petitioner, a registered taxpayer, had their GST registration cancelled due to non-filing of returns for a continuous period of six months. A show cause notice was issued, but the petitioner contended that they were unaware of it. The cancellation was effected on the grounds of non-appearance and continued default in filing returns. The petitioner approached the Madras High Court, seeking restoration of the registration, arguing that the failure to comply was due to ill health. The petitioner asserted that the cancellation order was passed without considering genuine hardships, whereas the Revenue maintained that restoration could only be allowed upon payment of all outstanding tax dues, interest, and penalties. The matter was heard before the Madras High Court.
High Court Held
The Hon’ble Madras High Court held that the cancellation order should be set aside, subject to strict conditions. The court directed that the petitioner must file all pending returns along with the payment of tax dues, interest, and penalties within four weeks of restoration. Any unutilized Input Tax Credit shall not be utilized until it is scrutinized and approved by the competent authority. The GST Network was directed to make necessary modifications in the portal to enable compliance. The court made it clear that if the petitioner fails to adhere to any of the stipulated conditions, the benefit of restoration will automatically cease.
