Madras High Court
WP(MD)/31619/2026 of Ramkumar Vs The Assistant Commissioner (ST) on 10 November 2026
WP(MD) No. 31619 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
WP(MD) No. 31619 of 2026
CNR:{HCMD011511632026}
and
WMP(MD) No.24307 of 2026
Ramkumar,
S/o.Kesavan,
1/75, Rajapalayam Taluk,
Kamaraj Nagar,
Virudhunagar-626 188
..Petitioner(s)
Vs
The Assistant Commissioner (ST),
Rajapalayam-II Assessment Circle,
Commercial Taxes Department,
Virudhunagar - 626 117.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in Reference No.ZA3307260917447 dated 10.07.2026 and to quash the same as illegal, arbitrary and direct the respondent to revoke the cancellation of petitioners GSTIN Registration No.33BWI9K1403N1ZM
within such time as may be directed by this Court.
For Petitioner
: Mr.S.Mohammed Azharuddin
For Respondent
: Mr.R.Parthiban
Special Government Pleader
WP(MD) No. 31619 of 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The petitioner challenges an order rejecting the petitioner's application for revocation of cancellation of his GST registration on the ground that the petitioner failed to respond to the notice dated 27.05.2026 within the time specified therein. The petitioner was a registered person under applicable GST enactments. Pursuant to a show cause notice dated 23.03.2026 stating that the petitioner had not filed GST monthly returns regularly, an order cancelling the petitioner's GST registration was issued on 22.04.2026.
2. Learned counsel for the petitioner submits that the cancellation of the GST registration is causing immense hardship and that such cancellation should be revoked. In support of his contentions, he draws reference to the Judgment of this Court in Suguna Cutpiece v. Appellate Deputy Commissioner (ST)(GST), W.P.Nos.25048 of 2021 batch (Suguna Cutpiece).
3. Mr.R.Parthiban, learned Special Government Pleader, accepts notice on behalf of the respondent. He submits that the GST registration of the petitioner was cancelled on account of the petitioner not filing returns regularly. He further submits that the order issued in Suguna
WP(MD) No. 31619 of 2026 Cutpiece was a conditional order and that the petitioner should be directed to comply with all conditions stipulated therein.
4. In Suguna Cutpiece, this Court directed restoration of GST registration subject to several terms and conditions. The said judgment was followed thereafter in many cases. In order to maintain consistency, I am inclined to follow the said judgment.
5. In the operative portion thereof, the following directions were issued: "i. The petitioner is directed to file her returns for the period prior to the cancellation of registration, together with tax dues along with interest thereon and the fee fixed for belated filing of returns within a period of forty five (45) days from the date of receipt of a copy of this order.
ii. It is made clear that such payment of tax, interest, fine / fee and etc. shall not be allowed to be made or adjusted from and out of any Input Tax Credit which may be lying unutilized or unclaimed in the hands of the petitioner.
iii. If any Input Tax Credit has remained unutilized, it shall not be utilised until it is scrutinized and approved by an appropriate or competent officer of the Department.
WP(MD) No. 31619 of 2026
iv. Only such approved Input Tax Credit shall be allowed to utilized thereafter for discharging future tax liability under the Act and Rules. v. The petitioner shall also pay GST and file the returns for the period subsequent to the cancellation of the registration by declaring the correct value of supplies.
vi. If any Input Tax Credit was earned, it shall be allowed to be utilised only after scrutinising and approving by the respondents or any other competent authority.
vii. On payment of tax, penalty and uploading of returns, the registration shall stand revived forthwith.
viii. The respondents shall take suitable steps by instructing GST Network, New Delhi to make suitable changes in the architecture of the GST Web portal to allow the petitioner to file the returns and to pay the tax / penalty / fine.
ix. The above exercise shall be carried out by the respondents within a period of thirty (30) days from the date of receipt of a copy of this order."
6. The restoration of the GST registration is subject to and conditional upon fulfilling the above conditions.
WP(MD) No. 31619 of 2026
7. Accordingly, this Writ Petition is disposed of on the same terms without any order as to costs. Consequently, connected Miscellaneous Petition is closed. 10-11-2026 Index: No Speaking Neutral Citation: No JEN To The Assistant Commissioner (ST), Rajapalayam-II Assessment Circle, Commercial Taxes Department, Virudhunagar - 626 117.
WP(MD) No. 31619 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN WP(MD) No. 31619 of 2026 10-11-2026