GST Registration Cancellation Order Modified: Procedural Fairness Upheld, Retrospective Date Adjusted

HC ruled that retrospective GST registration cancellation was improper. The court modified the cancellation order, setting the effective date as the show cause notice date (11.07.2023) instead of the initially proposed retrospective date (01.07.2017). The department retained rights to pursue tax recovery and potential retrospective cancellation, while ensuring procedural fairness for the taxpayer.

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Issues Involved:
1. Retrospective cancellation of GST registration.
2. Lack of reasons provided for cancellation.
3. Lack of opportunity to object to retrospective cancellation.

For the first issue of retrospective cancellation of GST registration, the petitioner challenged the order dated 22.08.2023, which cancelled the registration retrospectively from 01.07.2017. The petitioner also challenged the Show Cause Notice dated 11.07.2023. The petitioner was engaged in the business of manufacturing and trading of Synthetic Fiber products and possessed GST registration. The records showed that the petitioner had submitted multiple applications seeking cancellation of registration, and notices were issued seeking additional information and documents. The applications for cancellation were rejected on the ground that the taxpayer had not submitted any reply. The show cause notice for cancellation was issued based on discrepancies noticed during a physical verification.

Regarding the lack of reasons provided for cancellation, the impugned order did not give any reasons for the cancellation of registration. It simply referred to the show cause notice and stated the effective date of cancellation without providing any explanation. The petitioner was not put on notice that the registration could be cancelled retrospectively, depriving them of the opportunity to object to such a decision. The lack of details in the show cause notice and the order rendered them unsustainable.

In terms of Section 29(2) of the Act, the proper officer may cancel GST registration from a retrospective date if certain circumstances are satisfied. However, registration cannot be cancelled with retrospective effect mechanically and must be based on objective criteria. The cancellation with retrospective effect should only occur if the consequences are intended and warranted. The court noted that both the petitioner and the department sought cancellation of the GST registration, albeit for different reasons.

In conclusion, the court modified the impugned order to state that the registration shall be treated as cancelled from the date of the Show Cause Notice, i.e., 11.07.2023. The respondents were not precluded from taking steps for recovery of any tax, penalty, or interest due in accordance with the law, including retrospective cancellation of the GST registration. The petition was disposed of accordingly.

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