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of <h1>GST registration cancellation set aside due to procedural violations and denial of natural justice</h1> <h3>M/s. Krushi Creations Versus The Assistant Commissioner ST.</h3> M/s. Krushi Creations Versus The Assistant Commissioner ST. - TMI 1. ISSUES PRESENTED and CONSIDEREDThe core legal issues considered in this judgment are:Whether the cancellation of the petitioner's GST registration with retrospective effect was lawful.Whether the procedural requirements, including the issuance of a valid show cause notice and the opportunity for a personal hearing, were adhered to by the authorities.Whether the cancellation order was justified based on the allegations of fraud, willful misstatement, or suppression of facts.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Legality of Retrospective GST Registration CancellationRelevant Legal Framework and Precedents: The GST Act and relevant judicial precedents emphasize that cancellation of registration should be exercised with caution and only when necessary, as seen in prior judgments like Kritika Agarwal v. Union of India.Court's Interpretation and Reasoning: The court found that the cancellation was executed on grounds different from those in the show cause notice, violating the principles of natural justice.Key Evidence and Findings: The cancellation order lacked specific reasons or findings, making it arbitrary and unjustified.Application of Law to Facts: The court applied the principles of natural justice and found that the retrospective cancellation was not substantiated by the procedural requirements.Treatment of Competing Arguments: The court considered the respondent's arguments but emphasized the lack of procedural compliance and the need for a valid basis for cancellation.Conclusions: The retrospective cancellation was deemed unlawful due to procedural deficiencies and lack of substantiated grounds.Issue 2: Procedural Compliance in Issuance of Show Cause NoticeRelevant Legal Framework and Precedents: The requirement for a valid show cause notice and opportunity for a hearing is established under the principles of natural justice, as reinforced by cases like Nirakar Ramchandra Pradhan v. Union of India.Court's Interpretation and Reasoning: The court noted the defective nature of the show cause notice, which lacked specific allegations and evidence of fraud or misstatement.Key Evidence and Findings: The petitioner was not provided with adequate details to respond effectively, violating procedural fairness.Application of Law to Facts: The court found that the procedural defects rendered the show cause notice and subsequent cancellation order invalid.Treatment of Competing Arguments: The court dismissed the respondent's justifications due to the lack of compliance with established legal procedures.Conclusions: The procedural non-compliance invalidated the show cause notice and the cancellation order.Issue 3: Justification for Cancellation Based on AllegationsRelevant Legal Framework and Precedents: The cancellation must be based on clear evidence of fraud, willful misstatement, or suppression of facts, as highlighted in previous judgments.Court's Interpretation and Reasoning: The court found no substantial evidence or reasoning in the cancellation order to justify the allegations against the petitioner.Key Evidence and Findings: The absence of detailed allegations or evidence in the show cause notice and order was critical.Application of Law to Facts: The court applied the requirement for substantiated allegations and found the cancellation unjustified.Treatment of Competing Arguments: The court acknowledged the respondent's claims but emphasized the need for a valid and detailed basis for cancellation.Conclusions: The cancellation was not justified due to the lack of evidence and reasoning in the allegations.3. SIGNIFICANT HOLDINGSPreserve verbatim quotes of crucial legal reasoning: The court emphasized that 'the measure of cancellation of GST must be exercised with circumspection and only in cases, where it is necessary.'Core principles established: The importance of procedural fairness, including valid show cause notices and opportunities for hearings, was reinforced.Final determinations on each issue: The court set aside the cancellation order due to procedural defects and lack of substantiated allegations, allowing the respondents to issue a fresh show cause notice if necessary.
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