M/S PERFECT TRADER v. PRINCIPAL COMMISSIONER OF DEPARTMENT OF TRADE AND TAXES, GOVERNMENT OF NCT OF DELHI

Delhi High Court · 14 Mar 2024 · 2024:DHC:2448-DB
Sanjeev Sachdeva; Ravinder Dudeja
W.P.(C) 3831/2024
2024:DHC:2448-DB
administrative petition_allowed Significant

AI Summary

The Delhi High Court directed the tax authorities to dispose of the petitioner's GST cancellation application within two weeks, holding that statutory timelines must be reasonably construed but adhered to avoid undue delay.

Full Text
Translation output
W.P.(C) 3831/2024
HIGH COURT OF DELHI
JUDGMENT
delivered on: 14.03.2024
W.P.(C) 3831/2024 & CM. APPLS. 15716/2024
M/S PERFECT TRADER ..... Petitioner
Versus
PRINCIPAL COMMISSIONER OF DEPARTMENT OF TRADE
AND TAXES, GOVERNMENT OF NCT OF DELHI... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Pranay Jain and Mr. Karan Singh, Advocates.
For the Respondents: Mr. Rajeev Aggarwal, Additional Standing Counsel with
Ms. Samridh Vats, Advocates.
,, CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondent to allow the application of the petitioner to cancel its GST registration. Learned counsel for the petitioner submits that subject application seeking cancellation of GST registration was filed on 03.10.2023, on which a query was raised on 15.02.2024, which has been duly responded to, W.P.(C) 3831/2024 however, till date neither registration has been cancelled, nor the application has been processed or rejected. He refers to Rule 22 subclause (3) of the Central Goods and Service Tax Rules and submits that strict timelines have been provided for disposal of the subject application within a period of 30 days from the date of the application.

2. Reference may be had to the judgment of this Court dated 05.03.2024 in W.P. (C) 570/2024, Fayiz Nangaparambil Vs. Union of India & Anr. Wherein this Court has held the timelines are to be reasonably construed and not strictly.

3. In view of the above, the petition is disposed of directing the respondents to dispose of the application within a period of two weeks from today. It would be open to the petitioner to avail of such further remedies as may be permissible in law in case petitioner is aggrieved by any further order passed by the proper officer.

SANJEEV SACHDEVA, J RAVINDER DUDEJA, J MARCH 14, 2024