GST Registration Cancellation Invalidated: Procedural Flaws Expose Lack of Due Process and Hearing Fairness

HC found GST registration cancellation invalid due to procedural irregularities. Show-cause notice lacked specific hearing details, and appellate authority exceeded powers by introducing new grounds. Court set aside cancellation order and remanded matter for fresh hearing, ensuring petitioner's right to fair opportunity is respected.

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Issues involved:
The issues involved in the judgment are challenging the cancellation of GST registration due to failure to file returns, lack of fixing a date and time for hearing in the show-cause notice, dismissal of appeal based on grounds not mentioned in the show-cause notice, violation of Article 14 of the Constitution of India, and exceeding power by the appellate authority.

Cancellation of GST Registration:
The petitioner challenged the order cancelling their GST registration due to alleged non-filing of returns for six months. The petitioner contended that the show-cause notice did not specify a date and time for hearing, and the registration was cancelled without providing any reason. The petitioner submitted proof of filing returns after the appeal was filed, but the appellate authority dismissed the appeal based on grounds not mentioned in the show-cause notice.

Violation of Article 14 - Constitution of India:
The court referred to previous judgments where the issue of non-mentioning of date and place of hearing was considered. The court held that the order cancelling the registration fell short of the requirements of Article 14 of the Constitution of India. The appellate order exceeded the authority's power by deciding the appeal on issues not part of the show-cause notice or considered during the initial cancellation.

Judgment and Remand:
In light of the above, the court set aside both the orders cancelling the registration and dismissing the appeal. The matter was remanded back to the authority to pass a fresh order after providing an opportunity of hearing to the petitioner in accordance with the law. The writ petition was disposed of in these terms.

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