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2026 DAILYLAW 47156 (MAD)

GR CONSTRUCTION PRIVATE LIMITED v. The Assistant Commissioner

WP/24417/2026 · 2026-07-08

Senthilkumar Ramamoorthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 24417 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY WP No. 24417 of 2026 and WMP.No.26622 of 2026 GR Construction Private Limited Rep by its Managing Director Thiru.G.Ramesh, S/o.Govindasamy No. 150, Mettu Street, Thirukazhukundram, Kanchipuram District, Tamil Nadu-603 109. ..Petitioner Vs The Assistant Commissioner Thirukazhukundram Assessment circle Chennai-600 037. ..Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the Respondent in FORM GST REG-19 vide Ref. No. ZA330724084880C dated 17.07.2024 and quash the same and direct the respondent to restore the GST registration of the petitioner vide GSTIN No. 33AAHCG3248E1ZW and quash the same. For Petitioner: Mr. Chinnasamy V For Respondent: Ms. Amirta Poonkodi Dinakaran Government Counsel (Tax) ORDER The petitioner challenges an order of cancellation of GST registration. The petitioner is engaged in the business of civil works contracts in PWD https://www.mhc.tn.gov.in/judis WP No. 24417 of 2026 __________ Page2 of 6 Department and Roadways Department and was a registered person under applicable GST laws. Pursuant to a show cause notice stating that the petitioner had not filed GST monthly returns regularly, the impugned order was issued. According to the petitioner, he was affected by Nephropathy from 2021 and therefore, he was unable to file returns regularly. The present writ petition was filed in the said facts and circumstances. 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. Ms. Amirta Poonkodi Dinakaran, learned Government Counsel (Tax), accepts notice on behalf of the respondent. She submits that the GST registration of the petitioner was cancelled on account of the petitioner not filing returns regularly. She further submits that the order issued in Suguna 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 https://www.mhc.tn.gov.in/judis WP No. 24417 of 2026 __________ Page3 of 6 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. iv. Only such approved Input Tax Credit shall be allowed to be 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. https://www.mhc.tn.gov.in/judis WP No. 24417 of 2026 __________ Page4 of 6 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. 7. Accordingly, this writ petition is disposed of on the same terms without any order as to costs. Consequently, connected miscellaneous petition is closed 08-07-2026 Index : Yes/No Neutral Citation : Yes/No KJ https://www.mhc.tn.gov.in/judis WP No. 24417 of 2026 __________ Page5 of 6 To The Assistant Commissioner Thirukazhukundram Assessment circle Chennai-600 037. https://www.mhc.tn.gov.in/judis WP No. 24417 of 2026 __________ Page6 of 6 SENTHILKUMAR RAMAMOORTHY, J. KJ WP No. 24417 of 2026 and WMP.No.26622 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis