Gauhati High Court

WP(C)/5264/2026 of SRI PANKAJ KUMAR DAS Vs THE UNION OF INDIA AND 10 ORS on 12 October 2026

2026:GAU-AS:15547

GAHC010209892026 2026:GAU-AS:15547 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5264/2026 SRI PANKAJ KUMAR DAS SON OF SRI LALSINGH DAS, RESIDENT OF VILLAGE SARPARA, P.O. SARPARA, P.S. PALASBARI, DISTRICT KAMRUP, ASSAM, PIN 781122 VERSUS

GAHC010209892026

2026:GAU-AS:15547

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5264/2026

SRI PANKAJ KUMAR DAS

SON OF SRI LALSINGH DAS, RESIDENT OF VILLAGE SARPARA, P.O.

SARPARA, P.S. PALASBARI, DISTRICT KAMRUP, ASSAM, PIN 781122

VERSUS

THE UNION OF INDIA AND 10 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, ROOM NO. 66A, NORTH BLOCK, NEW DELHI 110001.

2:THE PRINCIPAL COMMISSIONER

CENTRAL GOODS AND SERVICE TAX

CENTRAL EXCISE AND CUSTOMS

5TH FLOOR

GST BHAWAN

KEDAR ROAD

MACHKHOWA

GUWAHATI 781001.

3:THE SUPERINTENDENT (ANTI EVASION)

CENTRAL GOODS AND SERVICE TAX

CENTRAL EXCISE AND CUSTOMS

GST BHAWAN

KEDAR ROAD

MACHKHOWA

GUWAHATI 781001.

4:THE INSPECTOR (ANTI EVASION)

CENTRAL GOODS AND SERVICE TAX

CENTRAL EXCISE AND CUSTOMS

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GST BHAWAN

KEDAR ROAD

MACHKHOWA

GUWAHATI 781001.

5:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM

DEPARTMENT OF FINANCE AND TAXATION

DISPUR

ASSAM.

6:THE PRINCIPAL COMMISSIONER

STATE TAX

KAR BHAWAN

G.S. ROAD

DISPUR

GUWAHATI 781006.

7:THE ASSISTANT COMMISSIONER OF STATE TAX

KAR BHAWAN

G.S. ROAD

DISPUR

GUWAHATI 781006.

8:THE SUPERINTENDENT OF STATE TAX

KAR BHAWAN

G.S. ROAD

DISPUR

GUWAHATI 781006.

9:INDIAN OIL CORPORATION LIMITED

INDIAN OIL BHAVAN

REFINERY

SECTOR 3

NOONMATI

GUWAHATI 20.

10:THE EXECUTIVE DIRECTOR AND STATE HEAD

ASSAM

INDIAN OIL CORPORATION LIMITED

INDIAN OIL BHAVAN

REFINERY

SECTOR 3

NOONMATI

GUWAHATI 20.

11:THE BRANCH MANAGER

Page 2 of 4

HDFC BANK LIMITED

NH 37

BIJOYNAGAR

DISTRICT KAMRUP

ASSAM 781122

Advocate for the Petitioner : MR. R S MISHRA, MS B SARMA,MS. M DEY

Advocate for the Respondent : DY.S.G.I., R BASUMATARY(R11),MR R

CHAKRAVORTY(R11),SC, GST,SC, I O C,SC, FINANCE AND TAXATION

BEFORE

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

13.10.2026

Heard Mr. R.S. Mishra, learned counsel for the petitioner; Mr. A.K. Dutta, learned Central Government Counsel [CGC] for the respondent no. 1; Mr. K. Jain, learned counsel on behalf of Mr. S.C. Keyal, learned Special Counsel and Standing Counsel, CGST for the respondent nos. 2 to 4; Mr. B. Gogoi, learned Standing Counsel, Finance and Taxation Department for the respondent nos. 5 to 8; Mr. N. Baruah, learned counsel for the respondent nos. 9 & 10; and Mr. R. Chakraborty, learned counsel for the respondent no. 11.

2. Mr. Mishra, learned counsel for the petitioner has submitted that the Show Cause Notice dated 07.08.2026 for GST Cancellation of the petitioner including the order of suspension placed with effect from 07.08.2026 has since been recalled. He has submitted that a fresh Show Cause Notice been issued for cancellation of GST registration giving rise to a new cause of action. In that view of the matter, the issue raised with regard to the Show Cause Notice dated 07.08.2026 does not survive.

3. Mr. Mishra has also submitted that the Letter dated 13.08.2026 written from the Office of the Commissioner of the Taxes, Assam to the Indian Oil Corporation Limited for withholding of outstanding payments payable to the petitioner has also been recalled.

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Therefore, the petitioner does not have any grievance on that count.

4. Mr. Chakraborty, learned counsel appearing for the respondent no. 11 has submitted that the respondent no. 11 received an Office Letter vide Order Reference no. 1116 dated 12.10.2026 from the Assistant Commissioner of State Tax, Guwahati, Unit-B stating that no proceedings pending against the petitioner warranting attachment of the Bank Accounts related to PAN : AGJPD7590D maintained by the petitioner at Bijoynagar Branch of HDFC Bank. By the Order Reference no. 1116 dated 12.10.2026, the respondent no. 11 has been asked to restore the Bank Accounts of the petitioner.

5. Mr. Gogoi, learned Standing Counsel, Finance and Taxation Department and Mr. Baruah, learned counsel for the respondent nos. 9 & 10 have also endorsed the submissions of Mr. Mishra and Mr. Chakraborty.

6. The learned counsel appearing for the parties have conjointly submitted that as on date, there is no surviving cause in this writ petition for adjudication.

7. The writ petition is, therefore, closed.

8. The copy of the Order Reference no. 1116 dated 12.10.2026 placed by Mr. Chakraborty is kept with case records. JUDGE Comparing Assistant

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