2021 (8) TMI 915 - HC - GST

High Court orders consolidated hearing for delayed GST registration restoration, directs stay on enforcement

M/s Ramky- Tk JV Versus The Union Of India And 6 Ors, The Commissioner Of State Taxes, The Commissioner Of Central Gst, Commercial Tax Officer, Central Board Of Indirect Taxes And Customs, Senior Intelligence Officer

M/s Ramky- Tk JV Versus The Union Of India And 6 Ors, The Commissioner Of State Taxes, The Commissioner Of Central Gst, Commercial Tax Officer, Central ... Issues:1. Delay in restoring registration under GST law leading to inability to submit returns and pay taxes.2. Notice issued by CGST Department under Section 70 of the Central Goods and Service Tax Act, 2017.Analysis:1. The petitioner, an assessee under GST law, faced registration cancellation due to an error in submitting returns for January 2018. Despite an interim order staying the cancellation, the registration was not restored by the SGST authorities, hindering the petitioner from fulfilling subsequent tax obligations through the online portal. The pending WP(C) No.3767/2020 addresses this issue, emphasizing the critical need for a swift resolution to reinstate registration for tax compliance.2. The issuance of notices dated 20.07.2021 and 28.07.2021 by the CGST Department, invoking Section 70 of the CGST Act, 2017, raises concerns. Section 67 outlines the conditions for summoning a person to provide evidence or documents, requiring the proper officer to have reasons to believe that the taxable person has suppressed transactions. The petitioner's inability to meet post-January 2018 tax obligations due to unresolved issues from WP(C) No.3767/2020 highlights the interconnected nature of the legal challenges faced.3. The High Court acknowledged the intertwined nature of the issues raised in both the present writ petition and WP(C) No.3767/2020. The court emphasized the need for a holistic consideration, noting that the resolution of the pending WP(C) No.3767/2020 would significantly impact the rights and obligations of the parties involved. The court directed the listing of both cases together for comprehensive adjudication, requiring all parties to submit affidavits before the next hearing for a final determination on the matters at hand.4. In light of the complexities surrounding the registration restoration, tax payment obligations, and the legal implications of the notices issued by the CGST Department, the High Court scheduled a final consideration of the issues after two weeks. The court instructed that the impugned notices should not be enforced until the next hearing, emphasizing the need for a prompt resolution to address the petitioner's grievances and ensure compliance with GST laws.