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Case Name : Roshan Biharilal Jangle Vs Deputy Tax Officer (Telangana High Court)
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Roshan Biharilal Jangle Vs Deputy Tax Officer (Telangana High Court)

Telangana High Court Allows Manual Filing of GST Registration Revocation Application After Portal Restriction

The Telangana High Court directed the State Tax authorities to accept a taxpayer’s manual application for revocation of GST registration cancellation, despite the GST portal not permitting online filing due to expiry of the prescribed time limit. The Court observed that the cancellation was for non-filing of returns and granted the petitioner an opportunity to seek restoration of registration by filing a physical application before the competent authority.

Introduction

In W.P. No. 17274 of 2026, the Telangana High Court considered a writ petition filed by a taxpayer whose GST registration had been cancelled for non-filing of returns. Since the GST portal did not permit submission of a revocation application beyond the prescribed timeline, the petitioner sought permission to file the application manually before the authorities.

The Court exercised its writ jurisdiction to ensure that the taxpayer was not left remediless merely because the online portal did not facilitate filing of the revocation application.

Facts of the Case

The petitioner’s GST registration was cancelled on account of non-filing of GST returns for six consecutive months.

The petitioner submitted that:

  • After the COVID-19 pandemic, the business suffered substantial financial losses.
  • The business operations eventually came to a standstill.
  • The petitioner had relied entirely upon the accountant for filing GST returns.
  • The accountant failed to file even NIL returns.
  • The proprietor remained unaware of the show cause notice and subsequent cancellation proceedings.
  • When the petitioner attempted to file an application for revocation of cancellation, the GST portal did not permit filing because the prescribed time limit had expired.

Accordingly, the petitioner approached the Telangana High Court seeking permission to submit the revocation application in physical form.

Petitioner’s Contentions

The petitioner argued that:

  • The default was not intentional.
  • Non-filing of returns resulted from financial hardship following the COVID-19 pandemic.
  • Failure of the accountant led to non-compliance.
  • Since the GST portal had blocked online filing, the authorities should be directed to accept a manual application for revocation.

Revenue’s Stand

The State Tax Department submitted that:

  • The GST registration had been cancelled because the petitioner failed to file returns for a continuous period of six months.

Court’s Observations

The Telangana High Court observed that:

  • The cancellation was solely on account of non-filing of returns.
  • The petitioner should be granted an opportunity to approach the competent authority by submitting a physical application for revocation.
  • If such application is filed within one week, the competent authority should entertain it and decide the matter in accordance with law within three weeks thereafter.

Final Judgment

The Telangana High Court:

  • Permitted the petitioner to submit a physical (manual) application for revocation of cancellation of GST registration within one week.
  • Directed the competent authority to entertain the application.
  • Ordered the authority to decide the application in accordance with law within three weeks of its submission.
  • Disposed of the writ petition without any order as to costs.

Author’s Analysis

1. Manual Filing Permitted Where GST Portal Blocks Filing

The decision recognizes that procedural limitations of the GST portal should not deprive taxpayers of their statutory remedies.

2. Genuine Reasons for Non-Compliance Can Be Considered

Financial hardship arising from the COVID-19 pandemic and reliance on professional assistance were relevant circumstances considered by the Court while granting relief.

3. Opportunity to Restore GST Registration

Instead of rejecting the taxpayer’s grievance on technical grounds, the Court ensured that the competent authority examines the revocation request on merits.

4. Time-Bound Directions Promote Administrative Efficiency

The Court fixed clear timelines for filing and disposal of the revocation application, ensuring expeditious resolution of the dispute.

Conclusion

In W.P. No. 17274 of 2026, the Telangana High Court reaffirmed that taxpayers should not be denied substantive relief merely because the GST portal does not permit online filing after expiry of the prescribed timeline. By allowing manual submission of the revocation application and directing the authorities to decide it within a fixed timeframe, the Court emphasized fairness and access to statutory remedies under the GST regime.

FULL TEXT OF THE JUDGMENT/ORDER OF TELANGANA HIGH COURT

Heard Mr. K.P.Amarnath Reddy, learned counsel for the petitioner and Mr. Swaroop Oorilla, learned Government Pleader for State Tax appearing for the respondents.

2. The Goods and Services Tax (GST) registration certificate of the petitioner bearing No.36ABIPJ8583G1Z9 was cancelled vide impugned order in Form GST REG-19 dated 04.04.2023 for non-filing of returns for a consecutive period of six months. The petitioner preferred a time-barred appeal against the order of cancellation of GST registration, which has been dismissed on the ground of delay. Thereafter, the petitioner has filed the instant Writ Petition for revocation of cancellation of GST registration.

3. Learned counsel for the petitioner submits that aftermath Covid-19 pandemic, petitioner suffered heavy losses in the business and could not continue its business and its accountant failed to file NIL returns. It is submitted that non-filing of returns was for the reason that the proprietor of the petitioner has completely relied upon the Accountant for filing of the monthly returns and he was also unaware of the show cause notice and there was no intentional delay. Though the petitioner has sought to file an application for revocation of cancellation of GST registration, the GST portal did not permit the petitioner as being beyond the time limit prescribed for submission. Therefore, the petitioner prays that respondent No.1 may be directed to entertain the petitioner’s application manually and take a decision thereupon in accordance with law.

4. Learned Assistant Government Pleader for State Tax submits that the apparent reason for cancellation of GST registration of the petitioner was on account of non-filing of returns for a consecutive period of six months.

5. Having regard to the aforesaid facts and circumstances and also taking note of the fact that the GST registration of the petitioner was cancelled on account of non-filing of returns for a consecutive period of six months, if the petitioner approaches the competent authority within a period of one week from today for submission of application for revocation of cancellation of GST registration, in physical form, the competent authority would entertain it and take a decision thereupon in accordance with law within a period of three weeks thereafter.

6. The instant Writ Petition is accordingly disposed of. There shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

Author Bio

Adv Akruti Goyal, a practicing CA handling GST compliance from 2015-2021. Qualified as a lawyer in 2019 and since 2022 enrolled as a practicing advocate with core in GST litigation and Income Tax matters . Appearing before all forums i.e., Adjudicating authorities, Appellate authorities, Appellate View Full Profile

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