Retrospective GST Registration Cancellation Invalidated: Procedural Fairness Demands Clear Notice and Opportunity to Respond

HC found the retrospective GST registration cancellation invalid due to procedural irregularities. The court directed registration cancellation from 08.02.2021 and mandated that any retrospective cancellation requires a new show cause notice with clear reasons, ensuring the petitioner's right to respond. The ruling preserves authorities' ability to pursue statutory violations through proper legal channels.

---

---

Issues involved:
The cancellation of GST registration with retrospective effect from 01.01.2019, failure to provide reasons for cancellation, lack of opportunity to contest the retrospective cancellation, and non-existence of the petitioner prior to 08.02.2021.

Cancellation of GST Registration:
The petitioner challenged the cancellation of its GST registration with retrospective effect from 01.01.2019, following a show cause notice (SCN) based on the party being deemed non-existent. The petitioner had applied for cancellation on 08.02.2021 after closing its business, but subsequent applications were rejected due to non-response to additional information requests. The impugned order did not provide reasons for the retrospective cancellation, and the SCN did not mention the retrospective aspect, depriving the petitioner of a chance to contest it.

Failure to Provide Reasons:
The court highlighted that the authority must independently assess reasons for decisions and cannot act on another authority's dictation. In this case, there was no evidence of the petitioner being non-existent before 08.02.2021, and the order lacked justification for the retrospective cancellation. The petitioner was not informed of the grounds for non-existence, violating procedural fairness.

Judgment and Direction:
The court directed that the cancellation of GST registration be effective from 08.02.2021, granting relief to the petitioner. However, if the respondents intend to cancel registration retrospectively before 08.02.2021, a new show cause notice must be issued with clear reasons, allowing the petitioner a fair opportunity to respond. The order does not prevent the authorities from pursuing statutory violations or recovering due amounts from the petitioner in accordance with the law.

---