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Issues: (i) Whether retrospective cancellation of GST registration precludes an audit under Section 65 for the entire notified period, including the period after the effective cancellation date; (ii) Whether non-disclosure of a pending audit notice in earlier cancellation proceedings disentitles the taxpayer to discretionary writ relief.
Issue (i): Whether retrospective cancellation of GST registration precludes an audit under Section 65 for the entire notified period, including the period after the effective cancellation date.
Analysis: Section 2(13) defines audit as examination of records, returns and documents to verify past compliance, while Section 65(1), read with Rule 101, authorises audit for a specified period. Pending determination of a cancellation application, registration is deemed suspended under Rule 21A but is not brought to an end, and the person continues to be described as a registered person.
Analysis: The expression "registered person" requires contextual interpretation in light of the retrospective and record-based nature of an audit. A registration granted and subsisting during the proposed audit period provides the necessary factual nexus for scrutiny of records and conduct under that registration, notwithstanding its later retrospective cancellation. Section 29(3) preserves pre-cancellation liabilities and obligations, but the authority to audit arises from Sections 2(13) and 65 read with Rule 101. Audit neither determines tax liability nor validates post-cancellation returns or assumes post-cancellation taxable supplies.
Conclusion: Retrospective cancellation did not deprive the authority of jurisdiction to audit the full notified period, including the period after the effective cancellation date. The issue is decided in favour of Revenue.
Issue (ii): Whether non-disclosure of a pending audit notice in earlier cancellation proceedings disentitles the taxpayer to discretionary writ relief.
Analysis: The audit notice was material to the relief sought in the earlier cancellation proceedings and was known to the taxpayer, but was not disclosed. Delay by the department in processing the cancellation application did not excuse that material non-disclosure. Reliance on directions obtained without disclosing the pending audit proceedings was inconsistent with the clean hands requirement for equitable writ relief.
Conclusion: The material non-disclosure independently disentitled the taxpayer to discretionary writ relief. The issue is decided against the assessee.
Final Conclusion: Statutory audit jurisdiction survives retrospective cancellation in respect of records and conduct referable to the notified period, and material non-disclosure independently bars equitable intervention.
Ratio Decidendi: For purposes of statutory audit, a person registered during the period under scrutiny remains amenable to examination of records and compliance referable to that registration despite its subsequent retrospective cancellation.
GST audit jurisdiction survives retrospective registration cancellation for records and compliance throughout the notified audit period.
Retrospective cancellation of GST registration does not, for statutory-audit purposes, preclude examination of records and compliance for the full notified period where registration existed during that period. Audit is record-based and does not itself determine tax liability, validate returns, or assume taxable supplies after cancellation. Although cancellation preserves pre-cancellation liabilities and obligations, audit authority arises from the statutory audit framework. Separate material non-disclosure of a known pending audit notice in cancellation proceedings defeats the clean-hands requirement and independently bars discretionary writ relief.
Scope of GST audit after retrospective cancellation of registration Validity of audit u/s 65 of the CGST Act for records and conduct during a period covered by a registration subsequently cancelled with retrospective effect - HELD THAT: - An audit under Section 65 is directed to past records, returns, credits, refunds and statutory compliance, and not merely to the person's current status on the GST portal. Read in the context of the definition of audit, the expression "registered person" includes a person whose registration existed during the proposed audit period, notwithstanding its subsequent retrospective cancellation. Such cancellation may affect the legal consequences of transactions, returns or claims, but does not erase the historical fact of registration or place the underlying records and conduct beyond audit. Section 29(3) does not itself confer the power to audit the post-cancellation portion; that power flows from Sections 2(13) and 65 read with Rule 101. The audit neither validates returns treated as void and non-est nor determines tax liability, which must be dealt with under the applicable statutory provisions. [Paras 33, 34, 35, 36, 38] Retrospective cancellation did not deprive the authority of jurisdiction to audit the entire period stated in the notice, including the portion after the effective cancellation date, and the notice was not liable to be curtailed on that ground. Non-disclosure of material audit proceedings in an earlier writ petition - Entitlement to discretionary writ relief after non-disclosure of the pending audit notice in earlier proceedings seeking retrospective cancellation of registration - HELD THAT: - The pending audit was material to the relief sought in the earlier writ proceedings. The petitioner's knowledge of the notice and failure to disclose it were not excused by the Department's delay in processing the cancellation application. Reliance on directions obtained in those proceedings to seek quashing of the undisclosed notice disentitled the petitioner to discretionary relief. [Paras 39] Discretionary writ relief was independently declined on account of the non-disclosure. Final Conclusion: The writ petition was dismissed, the audit notice was sustained for its stated period, and the interim protection was vacated.